Chellaiah, v. The Superintendent Of Police,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.10.2017

CORAM

THE HONOURABLE MR.JUSTICE S.S.SUNDAR W.P.(MD) No.19060 of 2017 Chellaiah ... Petitioner -Vs1. The Superintendant of Police, Tirunelveli District, Tirunelveli.

2. The Inspector of Police, Sambavar Vadakarai Police Station, Tirunelveli District.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, to direct the respondents to grant permission and protection for Varusabishegam and insert the Kalvettu to be held on 27.10.2017 in Arulmigu Sri Mupidathiyamman Thirukovil at Sambavar Vadakarai, Tenkasi Taluk, Tirunelveli District, by considering the petitioner's representation dated 25.09.2017.

For Petitioner : Mr.S.Selvakumar For Respondents : Mr.D.Muruganandam Additional Government Pleader.

O R D E R

This Writ petition is filed seeking a Writ of Mandamus, to direct the respondents to grant permission and protection for Varusabishegam and insertion of Kalvettu to be held on 27.10.2017 in Arulmigu Sri Mupidathiyamman Thirukovil at Sambvaar Vadakarai, Tenkasi Taluk, Tirunelveli District, by considering the petitioner's representation dated 25.09.2017. 2.Heard the learned counsel appearing for the petitioner and the learned Additional Government Pleader appearing for the respondent.

3.The learned Counsel appearing for the petitioner submitted that the petitioner's villagers and neighbouring villagers used to celebrate the temple festival in "Arulmigu Sri Mupidathiamman Thirukovil" for the past 30 years without any hindrance. It is stated that after renewal of the temple in the year 2016, the petitioner's village conducted the 'Kumbabishegam' on the said temple. It is further stated that the the petitioner's village https://hcservices.ecourts.gov.in/hcservices/

decided to conduct 'Varusabishegam' and to insert 'Kalvettu' on 27.10.2017. It is further stated that the petitioner has given a representation on 25.09.2017 to grant permission and adequate police protection for conducting the above said festival in the temple. Since the said representation was kept pending, without any action, the petitioner has approached this Court for the abovesaid relief.

4.The learned Additional Government Pleader, on instructions, submitted that the respondent is now inclined to consider the representation of the petitioner, by issuing summons to all the interested parties, so as to convene a peace committee meeting and thereafter, necessary orders can be passed on the representation of the petitioner.

5.Considering the facts and circumstances of the case and the submission made by the learned Additional Government Pleader, this Court, without going into the merits of the case, is now inclined to pass the following directions:

"The second respondent is directed to consider the representation of the petitioner dated 25.09.2017 and pass appropriate orders on merits, after affording due opportunity to the petitioner as well as all the interested parties, if any and based on the outcome of the Peace Committee Meeting, on or before 20.10.2017.

6.With the above direction, the Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar (RTI) /True copy/ Sub Assistant Registrar To

1. The Superintendant of Police, Tirunelveli District, Tirunelveli.

2. The Inspector of Police, Sambavar Vadakarai Police Station, Tirunelveli District.

+ 1 CC TO MR.S.Selvakumar, ADVOCATE IN SR No. 82575 cmr MK/MR KKR/SAR-1/13.10.2017/2P/4C W.P.(MD) No.19060 of 2017 https://hcservices.ecourts.gov.in/hcservices/ 12.10.2017