Madras High CourtWP(MD)/20207/2018disposed of

K.Malaiyandi, v. The Superintendent Of Police

2018-09-24Honourable Mr Justice N. Anand Venkatesh2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 24.09.2018

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH W.P.(MD)No.20207 of 2018 K.Malaiyandi ... Petitioner Vs.

1.The Superintendent of Police Pudukottai District

2. The Deputy Superintendent of Police Ponnamaravathy (Camp Office) Pudukottai District ... Respondents PRAYER:- Petition filed under Article 226 of the Constitution of India seeking a Writ of Mandamus directing the respondents herein to grant necessary permission and protection to conduct "Virattu Manjuvirattu" in Panikadu, Pidarampatti Village, Melasivapuri Post, Ponnamaravathy Taluk, Pudukotttai District on 07.10.2018 of Sri Nambi Nachiamman Temple situate in our Pidaripatti Village, Melasivapuri Post, Ponnamaravathy Taluk, Pudukottai District by considering the representation dated 18.09.2018. For Petitioner : Mr.K.G.Arunkumar For Respondents : Mr.B.Bhagawathi Government Advocate *****

ORDER

This writ petition has been filed to issue a direction to the respondents herein to grant permission and protection to conduct "Virattu Manjuvirattu" on 07/10/2018 in pursuant to the Sri Nambi Nachiamman Temple situated in Pidaripatti Village, Melasivapuri Post, Ponnamaravathy Taluk, Pudukottai District , by considering the petitioner's representation dated 18.09.2018. 2.The learned counsel appearing for the petitioner submitted that this festival is being conducted for 50 years in the Temple, namely Sri Nambi Nachiamman in the above said Village. This festival, in fact is jointly conducted by the villagers belonging to the said village.

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3.The learned Government Advocate appearing for the respondents would submit that the respondents are not in a position to permit the same, since it may cause law and order problem.

4.It is seen from the records that Eruthukattu Vizha has been conducted in the above said village for more than 50 years, jointly by the village people. Hence, this Court is of the view that mere apprehension of the law and order problem itself is not a ground to reject the permission without there being any material to substantiate the same. In this case, it is seen that there is no rival party to interfere and therefore, there is no ground to reject granting such a permission.

5.It is open to the third respondent to incorporate list of conditions as to how the Virattu Manjuvirattu should be conducted without any cruelty to the animals. If the conditions are violated, it is open to the third respondent to take appropriate action, at any stage of the said function. The second respondent is directed to grant permission and provide protection to the petitioner for conducting Virattu Manjuvirattu on 07.10.2018 by imposing necessary conditions and also ensure that the entire function would be conducted in a peaceful manner without giving raise to any law and order problem.

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

Sd/- Assistant Registrar (CO) // True Copy // Sub Assistant Registrar(CS-I) To 1.The Superintendent of Police Pudukottai District

2. The Deputy Superintendent of Police Ponnamaravathy (Camp Office) Pudukottai District +1 CC To MR.G.ARUNKUMAR, Advocate SR. NO. 86842 +1 CC TO The Special Government Pleader SR.NO. 86384 W.P.(MD)No.20207 of 2018 TR/RP/SAR-I(28.09.2018)2P 5C https://hcservices.ecourts.gov.in/hcservices/