Chidambaram, v. The Superintendent Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 10.10.2018
CORAM
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH W.P.(MD)No.20401 of 2018 and W.M.P.(MD)No.18154 of 2018 Chidambaram ... Petitioner Vs.
1.The Superintendent of Police, Sivagangai District, Sivagangai.
2.The Inspector of Police, Saakkottai Police Station, Sivagangai District.
3.The Revenue Divisional Officer, Revenue Divisional Office, Devakottai, Sivagangai District.
4.The Tahsildar, Karaikudi Taluk, Sivagangai District.
5.P.S.Ganesan Ambalam ... Respondents PRAYER:- Petition filed under Article 226 of the Constitution of India seeking a Writ of Mandamus, directing the respondents No.1 to 4 to grant permission and police protection to the petitioner and Kamalai Village People to conduct Mandala Abisegam Pooja at the Malukkar - Malukaliamman temple situated at Kamalai Village, Karaikudi Taluk, Sivagangai District based on the representation dated 22.09.2018.
For Petitioner : Mr.R.Karunanidhi For R1 to R4 : Mr.B.Bhagawathi Government Advocate
ORDER
This writ petition has been filed for a direction to the respondent police to grant permission and police protection to the
petitioner and the other villagers to conduct Mandala Abisegam Pooja at Malukaliamman temple situated at Kamalai Village, Karaikudi Taluk, Sivagangai District.
2.The learned counsel for the petitioner would submit that the fifth respondent approached this Court by way of filing a writ petition and has obtained an order to conduct the Mandala Abisegam Poojai for 48 days from 12.09.2018 to 29.10.2018. In the said Abisegam Poojai, the petitioner and the other villagers belonging to the Kamalai Village were not permitted to participate. Therefore, a representation dated 22.09.2018 was made by the petitioner to the respondent police in order to grant permission for conducting Mandala Abisegam Poojai.
3.The learned Government Advocate for the respondents would submit that the Mandala Abisegam Poojai that is now being conducted by the fifth respondent will come to an end on 29.10.2018. Thereafter, the petitioner and the other villagers belonging to the Kamalai Village can be permitted to conduct the Mandala Poojai. If the petitioner and others villagers are permitted to conduct now, the same will result in unnecessary law and order problem. 4.In the facts and circumstances of the case, the petitioner is directed to make a fresh representation to the second respondent seeking for permission to conduct Mandala Poojai after 29.10.2018. The second respondent shall permit the petitioner and the other villagers to conduct the Mandala Poojai for 48 days by giving permission and sufficient police protection.
The petitioner in his representation shall also indicate the starting and ending dates, during which period, the festival is planned to be conducted by the petitioner. It is left open to the second respondent to impose any reasonable conditions so as to maintain the peace conduct of the festival. The petitioner and other villagers of Kamalai Village shall comply with the conditions imposed by the second respondent. 5.This writ petition is disposed of with the above directions. No costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar(CS-III) /True Copy/ Sub Assistant Registrar(CS-II) To 1.The Superintendent of Police, Sivagangai District, Sivagangai.
2.The Inspector of Police, Saakkottai Police Station, Sivagangai District.
3.The Revenue Divisional Officer, Revenue Divisional Office, Devakottai, Sivagangai District.
4.The Tahsildar, Karaikudi Taluk, Sivagangai District.
• 1 CC TO Mr.R.Karunanidhi , ADVOCATE IN SR No. 89833. + 1 CC TO SPECIAL GOVERNMENT PLEADER IN SR.NO.90207. RMI DS PM SAR 2 23 10 2018 3P 7C W.P.(MD)No.20401 of 2018 and W.M.P.(MD)No.18154 of 2018 10.10.2018