Patchikannu Thevar. V v. Police Department

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.09.2022 CORAM :

THE HON'BLE MR.JUSTICE SATHI KUMAR SUKUMARA KURUP V.Patchikannu Thevar

...Petitioner

Vs.

1.The Superintendent of Police, Tirunelveli District, Tirunelveli 2.The Inspector of Police Valliyoor Police Station Valliyoor, Tirunelveli 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 more particularly the 2nd Respondent to grant permission to the petitioner for the celebration of family Kodai festival to their deity Sri Arulmighu Eswariamman Temple situated at Valliyoor, Tirunelveli District along with the petitioner's family on 15.09.2022 to 17.09.2022 pursuant to the petitioner's representation dated 22.08.2022 forthwith. For Petitioner : Mr.S.Palani Velayutham For Respondents : Mr.R.Meenakshi Sundaram Additional Public Prosecutor 1/4

O R D E R

This Writ Petition has been filed to direct the 2nd Respondent to grant permission to the Petitioner for the celebration of family Kodai festival to their deity, Sri Arulmighu Eswariamman Temple situated at Valliyoor, Tirunelveli District along with the petitioner's family on 15.09.2022 to 17.09.2022.

2.The learned Counsel for the Petitioner sought direction to the Respondents to consider the Petitioner's representation dated 22.08.2022 and pass appropriate orders.

3.The query of the Court is whether the Petition was on behalf of the individual or on behalf of any Committee regarding the administration of the Temple.

4.The learned Additional Public Prosecutor for the Respondents would submit that the Petitioner had sought permission to conduct the Family Kodai Festival to his family Deity, Sri Arulmighu Eswariamman Temple situated at Valliyoor, Tirunelveli District only as an individual. 2/4

5.It is the vehement objection of the learned Additional Public Prosecutor that there are rival claims and history sheet was also maintained against three sons of the Petitioner. For the past conduct of the festival, there had been clashes. Therefore, the Respondent police vehemently objects to consider the representation of the Petitioner for conducting the Family Kodai Festival to his family Deity, Sri Arulmighu Eswariamman Temple. Further, the learned Additional Public Prosecutor would submit that for maintaining the peace, the Tahsildar/Executive Magistrate had issued summons against the Petitioner and his sons. 6.Considering the vehement objection of the learned Additional Public Prosecutor regarding the antecedents of the Petitioner, the prayer of the Petitioner to grant him permission to conduct Family Kodai Festival to his family Deity, Sri Arulmighu Eswariamman Temple cannot be considered. The Writ Petition stands dismissed, accordingly. No costs. 13.09.2022 Index :Yes/No Internet: Yes/No mm SATHI KUMAR SUKUMARA KURUP, J.

3/4

mm To 1.The Superintendent of Police, Tirunelveli District, Tirunelveli 2.The Inspector of Police Valliyoor Police Station Valliyoor, Tirunelveli District 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

W.P(MD).No.21381 of 2022 13.09.2022 4/4