Madasamy.S v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.07.2022 CORAM :

THE HONOURABLE MR.JUSTICE V.SIVAGNANAM S.Madasamy

...Petitioner

Vs.

1.The District Collector, Tirunelveli District, Tirunelveli.

2.The Superintendent of Police, Tirunelveli District, Tirunelveli.

3.The District Revenue Officer, Tirunelveli, Tirunelveli District.

4.The Thasildar, Maanur Taluk, Tirunelveli District.

5.The Inspector of Police, Thevarkulam Police Station, Tirunelveli District.

6.Pitchaiyanadar 7.Natarajan 8.Paneerselvam

...Respondents

PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the 1/6

respondents Nos.1 to 5 to grant permission to conduct temple festival namely "Sevlaperi Sri Sudalai Madasamy Temple" situated at Mela Ilanthaikulam, Tirunelveli District from 11.08.2022 to 13.08.2022 and flag rising function (Kodi Eatru Vizha) schedule to be held on 01.08.2022 and consequently direct the 2nd and 5th respondents to provide police protection based upon the petitioner's representation dated 13.07.2022.

For Petitioner : Mr.S.Gokulraj For Respondents : Mr.M.Sakthi Kumar 1 to 5 Government Advocate (crl.side)

O R D E R

This writ petitioner filed this Writ Petition seeking for issuance of a Writ of Mandamus, directing the respondents Nos.1 to 5 to grant permission to conduct temple festival namely "Sevlaperi Sri Sudalai Madasamy Temple" situated at Mela Ilanthaikulam, Tirunelveli District from 11.08.2022 to 13.08.2022 and flag rising function (Kodi Eatru Vizha) schedule to be held on 01.08.2022 and consequently direct the 2nd and 5th respondents to provide police protection based upon the petitioner's representation dated 13.07.2022. 2.Mr.M.Sakthi Kumar, learned Government Advocate (Criminal Side) takes notice for the respondents 1 to 5. By consent, this writ petition is taken up for final disposal at the admission stage itself. 2/6

3.The learned counsel appearing for the petitioner submitted that the temple festival namely "Sevlaperi Sri Sudalai Madasamy Temple" situated at Mela Ilanthaikulam, Tirunelveli District from 11.08.2022 to 13.08.2022 and flag rising function (Kodi Eatru Vizha) schedule to be held on 01.08.2022. Subsequent to the same, in order to conduct the cultural programme, they sought permission of the police by giving a representation dated 13.07.2022. But, the fifth respondent has not considered the said representation. Since no order was passed, the petitioner has come before this Court for the above said relief. 4.The learned Government Advocate (criminal side) appearing for the respondent police would submit that the fifth respondent has received the representation of the petitioner and the same is pending for consideration. He would further submit that there are two rival groups in the village regarding conduct of temple festival.

5. I have considered the submission of the learned counsel appearing for the petitioner and the learned Government Advocate (criminal side) appearing for the respondents 1 to 5. 3/6

6. It is brought to the notice of this Court that the Director General of Police, Tamil Nadu, Chennai had issued a circular memorandum in Rc. 007301/Genl.I (1)/2019, dated 09.04.2019, along with instructions to the Inspectors of Police throughout Tamil Nadu for consideration of applications seeking permission for conducting cultural programme. Therefore, in view of the detailed circular and guidelines issued by the Director General of Police, the fifth respondent police is hereby directed to consider the representation of the petitioner, dated 13.07.2022 and pass suitable orders based on the above said circular, if needed, liberty is given to the fifth respondent to refer the matter to the fourth respondent to conduct Peace Committee Meeting.

7. With the above direction, this writ petition is disposed of. No cost.

20.07.2022 Index :Yes/No Internet:Yes/No vsg Note:Issue Order Copy on 21.07.2022 4/6

To 1.The District Collector, Tirunelveli District, Tirunelveli.

2.The Superintendent of Police, Tirunelveli District, Tirunelveli.

3.The District Revenue Officer, Tirunelveli, Tirunelveli District.

4.The Thasildar, Maanur Taluk, Tirunelveli District.

5.The Inspector of Police, Thevarkulam Police Station, Tirunelveli District.

6.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

5/6

V.SIVAGNANAM., J vsg 20.07.2022 6/6