Madras High CourtWP(MD)/10282/2016disposed of

K.Kannan v. The Deputy Superintendent Of

2016-06-13Honourable Dr. Justice S. Vimala3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.06.2016

CORAM:

THE HONOURABLE DR. JUSTICE S.VIMALA W.P.(MD).No.10282 of 2016 K.Kannan ..Petitioner Vs.

1.The Deputy Superintendent of Police, 2.The Inspector of Police, Dindigul Taluk Police Station, 3.K.Pon Murugan ..Respondents PRAYER: Writ Petition filed under under Article 226 of Constitution of India for the issuance of Writ of Mandamus, directing the respondents to grant permission to the petitioner to conduct pooja and function as scheduled by the petitioner from 14.06.2016 to 16.06.2016 at Arulmigu Sree Bhagavathi Amman, Sree Kaliamman, Sree Mariamman Temple situated at Kundanaru Anaipatti, Dindigul Taluk, Dindigul District by considering the representation of the petitioner, dated 10.05.2016 and subsequent representation, dated 07.06.2016.

For Petitioner : Mr.S.C.Herold Singh For respondents : Mr.D.Muruganandham 1 & 2 Additional Government Pleader For 3rd respondent : Mr.H.Lakshmishankar ***

ORDER

This writ petition has been filed for issuance of a Writ of Mandamus, directing the respondents to grant permission and protection to conduct pooja and function at Arulmigu Sree Bhagavathi Amman, Sree Kaliamman, Sree Mariamman Temple situated at Kundanary Anaipatti, Dindigul Taluk, Dindigul District, from 14.06.2016 to 16.06.2016 by considering the representation of the petitioner, dated 10.05.2016 and subsequent representation, dated 07.06.2016.

2.Mr.D.Muruganandam, learned Additional Government Pleader, takes notice for the respondents 1 and 2. Mr.H.Lakshmishankar, learned counsel takes notice for the third respondent. By consent, the writ petition is taken up for final disposal at the stage of admission itself.

3. Heard the learned counsel appearing for the petitioner and the learned counsel appearing for the respondents.

4. The learned counsel appearing for the petitioner would submit that the festival is being conducted by the petitioner regularly; that a representation was given to the second respondent seeking permission to conduct this year also, but, however, the same was not considered by the second respondent so far and hence, the petitioner is before this Court with this writ petition. He would further submit that when a writ petition in W.P.(MD)No.9939 of 2013 came to be filed by one Mr.C.Murugan seeking a direction to the respondents therein to permit him to take part in the temple festival, this Court, vide order dated 21.06.2013, permitted to participate him in the celebration by making an observation in paragraph No.7 as follows; "7.In view of that, without giving any right, the petitioner and his community people are permitted to take part in the festival including putting of pongal. The 3rd respondent Police is directed to give appropriate Police Protection, so that no untoward incident occurred."

He would further submit that they will scrupulously follow the above order even for this year festival.

5. The learned Additional Public Prosecutor appearing for the official respondents would submit that in the peace committee meeting, no settlement can be arrived at. Until some settlement is arrived, the celebration can be postponed and hence, the permission is declined as per order dated 05.06.2016. 6.The learned counsel for the third respondent would submit that taking advantage of the order passed in the writ petition, people belonging to different communities are sought to be excluded by the petitioner and therefore, no permission should be granted.

7.Under such circumstances, it is not possible for the Court to decide as to the part to be played by each of the group in the celebration. Therefore, the petitioner is permitted to make a fresh representation to the second respondent. On receipt of the representation from the petitioner, the second respondent shall consider and pass appropriate orders on the same on merits and in accordance with law, within a period of two weeks from the date of receipt of a copy of this order.

8.This Criminal Original Petition is accordingly disposed of.

Sd/- Assistant Registrar(T&P) /True copy/ Sub Assistant Registrar(CS) To 1.The Deputy Superintendent of Police,

2.The Inspector of Police, Dindigul Taluk Police Station, +1cc to Mr.S.C.Herold Singh, Advocate in SR.29727 +1cc to Mr.H.Lakshmi Shankar, Advocate in SR.29949 +1cc to the Special Government Pleader in SR.29807 W.P.(MD).No.10282 of 2016 13.06.2016 gcg PBK/GSV-PM/SAR-II 15.06.2016 ::3P-6C:(IT)