Palanichamy v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 12.08.2016

CORAM

THE HON'BLE DR.JUSTICE S.VIMALA W.P(MD)No.14930 of 2016 Palanichamy

...Petitioner

-vs1.The Superintendent of Police, Dindigul District 2.The Inspector of Police Natham Police Station, Natham Dindigul District

...Respondents

Prayer:

Writ Petition is filed under Article 226 of the Constitution of India for issuance of a writ of Mandamus, directing the 2nd respondent herein to provide adequate police protection for the conduct of the Temple Thiruvizha of temples namely Sri Arulmighu Karandamalai Ayyanar and Sri Muthukaruppannasamy and Karayamman and Mayalayamman situated at Sethur, Natham Taluk, Dindigul District, on the basis of the representation of the petitioner dated 01.08.2016. For Petitioner : M/s.B.Jameelarasu For Respondents : Mr.D.Muruganandham Addl. Govt. Pleader

O R D E R

The writ petition has been filed for issuance of a Writ of Mandamus, directing the 2nd respondent herein to provide adequate police protection for the conduct of the Temple Thiruvizha of temples namely Sri Arulmighu Karandamalai Ayyanar and Sri Muthukaruppannasamy and Karayamman and Mayalayamman situated at Sethur, Natham Taluk, Dindigul District, on the basis of the representation of the petitioner dated 01.08.2016. 2.Mr.D.Muruganandham, learned Additional Government Pleader, takes notice for the respondents. By consent, the writ petition itself is taken up for final disposal.

3.Heard the learned counsel appearing for the petitioner and the learned Additional Government Pleader appearing for the respondents.

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4.The learned counsel appearing for the petitioner would submit that seeking police protection to conduct the Temple festival, the petitioner has sent a representation dated 01.08.2016. However, the said representation has not been considered so far and hence, the petitioner is before this Court with this petition.

5.The learned Additional Government Pleader appearing for the respondents, on instructions, would submit that the Assistant Commissioner of HR & CE Department, Dindigul, has granted permission for the petitioner to conduct the temple festival originally. However, when objections have been raised by the other Trustees of the Temple, vide order dated 08.08.2016, he has modified the earlier order stating that the parties have to seek remedy before the concerned Court.

6. In view of the above, the remedy open to the petitioner is to either approach the Joint Commissioner of HR & CE, who is the appellate authority to consider the relief sought for by the parties, by way of an appeal or to approach the civil Court to establish their rights.

With the above direction, this petition is dismissed. No costs.

Sd/- Assistant Registrar (AE) /True Copy/ Sub Assistant Registrar To 1.The Superintendent of Police, Dindigul District 2.The Inspector of Police Natham Police Station, Natham Dindigul District 3.The Joint Commissioner, HR & CE Department, Dindigul.

+1cc to M/S.B.Jameelarasu, Advocate SR.No.44534 +1cc to Special Government Pleader SR.No.44454 ORDER MADE IN W.P(MD)No.14930 of 2016 12.08.2016 RR SD/SS3/23.08.2016/2P/6C https://hcservices.ecourts.gov.in/hcservices/