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Madras High CourtWP(MD)/18970/2016not confirmed

R.Thangamuthu Pillai v. The Joint Commissioner

2016-09-30Honourable Mr Justice K. Kalyanasundaram3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 30.09.2016

CORAM

THE HON'BLE MR. JUSTICE K.KALYANASUNDARAM W.P(MD)No.18970 of 2016 and W.M.P(MD)No.13688 of 2016 R.Thangamuthu Pillai, President & Board of Trustees of Arulmighu Pattalamman Muthiah Swamy Thirukovil, East Street, Melmangalam, Periyakulam, Theni.

... Petitioner -vs1.The Joint Commissioner, Hindu Religious & Charitable Endowment, Madurai.

2.The Executive Officer, Arulmighu Moongilanai Kamatchiamman Thirukovil, Devathanapatti, Periyakulam Taluk, Theni District.

3.The Superintendent of Police, Theni District.

4.The Deputy Superintendent of Police, Periyakulam, Theni District.

5.The Inspector of Police, Devathanapatti Police Station, Periyakulam Taluk, Theni District.

6.The Sub-Inspector of Police, Jeyamangalam Police Station, Periyakulam Taluk, Theni District.

... Respondents Prayer:- Writ Petition is filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the respondents 3 to 6 herein to provide adequate security with police Bandho-bust to the petitioner Board of Trustees for conducting the Purattasi Festival in the A/m.Pattalamman Muthiah Swamy Thirukoil on 10.10.2016, 11.10.2016, 12.10.2016, 13.10.2016 and 18.10.2016 with ancient customary right as per the invitation of the festival pursuant to the proceedings

of the first respondent in Na.Ka.No.6386/2016/AA2, dated 18.08.2016 and proceedings in Na.Ka.No.5504/2016/E3/dated 29.08.2016.

For Petitioner : Mr.Ajmal Khan senior counsel for Mr.K.Appadurai For RR 1, 3 to 6 : Mr.K.P.Krishna Doss Government Advocate For R - 2 : Mr.Karuppasamy Pandian

ORDER

This Writ Petition is filed for issuance of a Writ of Mandamus, directing the respondents 3 to 6 herein to provide adequate security with police Bandho-bust to the petitioner Board of Trustees for conducting the Purattasi Festival in the A/m.Pattalamman Muthiah Swamy Thirukoil on 10.10.2016, 11.10.2016, 12.10.2016, 13.10.2016 and 18.10.2016 with ancient customary right as per the invitation of the festival pursuant to the proceedings of the first respondent in Na.Ka.No.6386/2016/AA2, dated 18.08.2016 and proceedings in Na.Ka.No.5504/2016/E3/dated 29.08.2016.

2.Mr.K.P.Krishnadoss, learned Government Advocate, takes notice for the respondents 1, 3 to 6 and Mr.Karuppasamy Pandian, learned counsel takes notice for the second respondent. By consent, the writ petition itself is taken up for final disposal. 3.Mr.Ajmal Khan, learned senior counsel appearing for the petitioner would submit that even for the previous years 2014 and 2015, similar writ petitions were filed and this Court in W.P(MD) Nos.16556 of 2014 and 17909 of 2015 has issued suitable directions. The learned senior counsel for the petitioner would further submit that the petitioner/Trustee would permit all the devotees to participate in the Temple festival. 4.Mr.Karuppasamy Pandian, learned counsel appearing for the second respondent would submit that the second respondent has already given a letter, dated 28.09.2016 to the sixth respondent seeking police protection for conducting the festival. 5.Heard the learned Government Advocate appearing for the respondents 1, 3 to 6.

6.Following the order passed in W.P(M)No.17909 of 2015, this Writ Petition is disposed of directing the fourth respondent to consider the representation of the petitioner, dated 28.09.2016 given by the Executive Officer, A/m.Moongilanai Kamatchiamman Thirukovil, Devathanapatti, Periyakulam Taluk, Theni District and pass appropriate orders forthwith with regard to providing of

adequate security with police bandho-bust to the petitioner Board of Trustees for conducting the Purattasi Festival in the A/M.Pattalamman Muthiah Swamy Thirukovil on 10.10.2016, 11.10.2016, 12.10.2016, 13.10.2016 and 18.10.2016 with ancient customary right as per the invitation of the festival pursuant to the customary right as per the invitation of the festival pursuant to the proceedings of the first respondent in Na.Ka.No.6386/2016/AA2, dated 18.08.2016 and proceedings in Na.Ka.No.5504/2016/E3/dated 29.08.2016. No costs. Consequently, connected Miscellaneous Petition is also closed. Sd/- Assistant Registrar(CO) /True Copy/ Sub Assistant Registrar To 1.The Joint Commissioner, Hindu Religious & Charitable Endowment, Madurai.

2.The Executive Officer, Arulmighu Moongilanai Kamatchiamman Thirukovil, Devathanapatti, Periyakulam Taluk, Theni District.

3.The Superintendent of Police, Theni District. 4.The Deputy Superintendent of Police, Periyakulam, Theni District.

5.The Inspector of Police, Devathanapatti Police Station, Periyakulam Taluk, Theni District.

6.The Sub-Inspector of Police, Jeyamangalam Police Station, Periyakulam Taluk, Theni District.

+2cc to M/s.K.Appadurai, Advocate SR.No.57559 +1cc to M/s.Karuppasamy Pandian, Advocate SR.No.58182 +1cc to Special Government Pleader SR.No.57920 W.P(MD)No.18970 of 2016 30.09.2016 ps SD/CK/05.10.2016/3P/11C