Mathankumar .V v. The Deputy Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 30.08.2022 CORAM :

THE HONOURABLE MR.JUSTICE K.MURALI SHANKAR V.Mathankumar ... Petitioner Vs

1. The Deputy Superintendent of Police, Usilampatti Sub-Division, Madurai District.

2. The Inspector of Police, Usilampatti Town Police Station, Madurai District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents to grant permission to celebrate the Vinayagar Chathurthi Festival and to place Vinayagar Idols temporarily in the premises of Arulmigu Sri Mangala Vinayagar Temple, V.Perumalpatti, Usilampatti, Madurai District that is scheduled from 30.08.2022 to 01.09.2022 based on the petitioner's representation dated 16.08.2022 within the time limit that may be stipulated by this Court.

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For Petitioner : Mr.S.P.Naveen Kumar, For Respondents : Mr.Veera Kathiravan, Additional Advocate General assisted by Mr.M.Veerendhran Government Advocate (Crl. side)

O R D E R

The writ petitioner filed this Writ Petition seeking for issuance of a Writ of Mandamus, directing the respondents to grant permission to celebrate the Vinayagar Chathurthi Festival and to place Vinayagar Idols temporarily in the premises of Arulmigu Sri Mangala Vinayagar Temple, V.Perumalpatti, Usilampatti, Madurai District that is scheduled from 30.08.2022 to 01.09.2022 based on the petitioner's representation dated 16.08.2022.

2. The learned Government Advocate (Criminal Side) takes notice for the respondents. By consent, this writ petition is taken up for final disposal at the admission stage itself.

3. The learned counsel appearing for the writ petitioner would submit that they have sent requisition on 16.08.2022 to the Inspector of Police, Usilampatti Town Police Station and that his application was not considered.

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4. When the matter is taken up for hearing today, the learned Additional Advocate General appearing for the respondents would submit that the writ petitioner's group conducted the festival till 2016 and thereafter no festival was conducted by them.

5. The learned Additional Advocate General appearing for the respondents would submit that the Government has issued Government Order in G.O.(Ms)No.598, Public (Law & Order-B) Department, dated 09.08.2018, imposing various conditions for granting permission to install and worship Vinayagar idols and for immersion of the same in the water bodies.

6. It is pertinent to note that the writ petitioner, without approaching the authority shown in the Government Order, has sent the representation to the Inspector of Police.

7. The learned Additional Advocate General appearing for the respondents would further submit that since the application is pending before the second respondent, they will consider the same today itself. 3/6

8. In view of the above, the second respondent/Inspector of Police, Usilampatti Town Police Station, hereby is directed to consider the representation of the writ petitioner positively and pass orders imposing necessary conditions as per the above said Government Order.

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

30.08.2022 Index :Yes/No Internet : Yes/ No csm Note:Issue Order copy today (30.08.2022) To

1. The Deputy Superintendent of Police, Usilampatti Sub-Division, Madurai District.

2. The Inspector of Police, Usilampatti Town Police Station, Madurai District.

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

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K.MURALI SHANKAR, J csm 30.08.2022 6/6