← Library
Madras High CourtWP(MD)/20276/2024disposed of

Balavinayagam .R v. The Superintendent Of Police

2024-08-27Honourable Mr Justice K.Murali Shankar6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.08.2024

CORAM

THE HON'BLE MR.JUSTICE K.MURALI SHANKAR W.P.(MD)No.20276 of 2024 and W.M.P.(MD)No.17200 of 2024 1.R.Balavinayagam 2.K.R.Ramaiah 3.Veerapathiran ... Petitioners Vs.

1.The Superintendent of Police, Pudukkottai District, Pudukkottai.

2.The Deputy Superintendent of Police, Aranthangi Range, Pudukkottai District.

3.The Assistant Commissioner, HR & CE, Pudukkottai.

4.The Inspector, Hindu Religious and Charitable Endowment Department, Pudukkottai District.

5.The Inspector of Police, Aranthangi Police Station, Pudukkottai District.

1/6

6.Paramasivam ... 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 1, 2 and 5 to provide permission and adequate protection to perform the festival of Purai Eduppu and Goat sacrifice to the Arulmigu Muthupidari Amman, Mannamudaiya Ayyanar and Sri Muthumariyamman Temple, Sri Pulukitty Ayyanar Temple, Karudaiya Ayyanar Temple situated at Kammangadu Mahanam, Aranthangi Taluk, Pudukkottai District scheduled on 27.08.2024 to 03.09.2024 or any date fixed by this Court.

For Petitioners : Mr.K.Balasundharam, Senior Counsel, for M/s.KBS Law Office.

For Respondents : Mr.E.Antony Sahaya Prabahar, Additional Public Prosecutor, for R1, R2 & R5. : Mr.M.Muthumanikkam, Government Advocate, for R3 & R4.

: Mr.Kasiviswanatha, for R6.

ORDER

This Writ Petition has been filed seeking a Writ of Mandamus, directing the respondents 1, 2 and 5 to provide permission and adequate 2/6

protection to perform the festival of Purai Eduppu and Goat sacrifice to the Arulmigu Muthupidari Amman, Mannamudaiya Ayyanar and Sri Muthumariyamman Temple, Sri Pulukitty Ayyanar Temple, Karudaiya Ayyanar Temple situated at Kammangadu Mahanam, Aranthangi Taluk, Pudukkottai District scheduled on 27.08.2024 to 03.09.2024 or any date fixed by this Court.

2. When the matter is taken up for hearing today, the learned Government Advocate appearing for the respondents 3 and 4 has produced the letter, dated 22.08.2024 written by the Inspector of Hindu Religious and Charitable Endowment Department, Aranthangi, stating that there existed issues between the parties to conduct festival and they will take necessary action to conduct the festival in the next year, if all the groups come together.

3. But, the learned counsel for the petitioner would submit that except the sixth respondent, all other groups are now willing to proceed with the petitioner.

3/6

4. The learned counsel for the sixth respondent would submit that they have not permitted the sixth respondent in the festival and they have also not received any contribution from the sixth respondent. 5.At this juncture, the learned Senior counsel appearing for the petitioner would submit that they are ready to receive the contribution from the sixth respondent and they have no objection for the sixth respondent to take part in the festival.

6.The learned Additional Public Prosecutor appearing for the respondents 1, 2 and 5 would submit that the petitioner's representation 16.08.2024 is pending before the second respondent.

7. Considering the submissions made by the learned counsel on either side, the second respondent is directed to give notice to all the six groups and take a decision within a period of three days from today. 4/6

8. With the above direction, the Writ Petition is disposed of. Consequently, connected Miscellaneous Petition is closed. No costs. 27.08.2024 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No das Note: Issue order copy on 27.08.2024.

To 1.The Superintendent of Police, Pudukkottai District, Pudukkottai.

2.The Deputy Superintendent of Police, Aranthangi Range, Pudukkottai District.

3.The Assistant Commissioner, HR & CE, Pudukkottai.

4.The Inspector, Hindu Religious and Charitable Endowment Department, Pudukkottai District.

5.The Inspector of Police, Aranthangi Police Station, Pudukkottai District. 6.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

5/6

K.MURALI SHANKAR,J.

DAS Order made in W.P.(MD)No.20276 of 2024 and W.M.P.(MD)No.17200 of 2024 Dated: 27.08.2024 6/6