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Madras High CourtWP(MD)/19476/2023disposed of

Sankarasubramanian v. The Deputy Superintendent Of Police

2023-08-11Honourable Dr. Justice D.Nagarjun5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:11.08.2023

CORAM

THE HON'BLE DR.JUSTICE D.NAGARJUN W.P.(MD)No.19476 of 2023 Sankarasubramanian ... Petitioner Vs.

1.The Deputy Superintendent of Police, Ambasamudram, Tirunelveli District.

2.The Inspector of Police, Ambasamudram Police Station, Tirunelveli District.

... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents herein to grant permission to the temple festival held on 12.08.2023 at about 07.00 p.m., to 13.08.2023 at about 03.00 p.m., in pursuant to "Aadi Kodai Vizha" in "Sri Nalayuthamudaiyar Sastha, Vanniyar Swami, Karuppasamy, Sri Kutralanangai Temple" situated at Ambasamudram, Tirunelveli District, by considering the petitioner's representation dated 08.08.2023.

For Petitioner : Mr.S.Sathyachidambaram For R1 and R2 : Mr.B.Thanga Aravindh Government Advocate (crl.side) 1/5

O R D E R

This Writ Petition is filed seeking for a direction to the respondents Police to permit the petitioner to conduct the festival on 12.08.2023 at about 07.00 p.m., to 13.08.2023 at about 03.00 p.m., in pursuant to "Aadi Kodai Vizha" in "Sri Nalayuthamudaiyar Sastha, Vanniyar Swami, Karuppasamy, Sri Kutralanangai Temple" situated at Ambasamudram, Tirunelveli District.

2. According to the learned counsel appearing for the petitioner, the said Temple belongs to one community where there are two groups. The petitioner group intends to perform the festival on 12.08.2023 and 13.08.2023, whereas, the other group intends to perform the festival in the said temple on 30.08.2023. It is submitted that the petitioner group has no objection for conducting festival on 30.08.2023 by the other group.

3. It is also submitted that initially though the Police orally permitted the petitioner to conduct festival on 12.08.2023 and 13.08.2023, subsequently, the respondent directed them orally not to 2/5

conduct the festival, basing on a complaint allegedly given by the person belonging to the other group.

4. Since the Temple allegedly belongs to one community where there are two groups and the petitioner has no objection for conducting festival on 30.08.2023 by the other group, the petitioner shall also be permitted to conduct festival according to their convenience which is tomorrow (i.e.,) 12.08.2023.

5. Considering the circumstances, this Writ Petition is disposed of directing the respondents Police to permit the petitioner to conduct festival on 12.08.2023 and 13.08.2023 in "Sri Nalayuthamudaiyar Sastha, Vanniyar Swami, Karuppasamy, Sri Kutralanangai Temple" situated at Ambasamudram, Tirunelveli District, by imposing usual conditions for maintaining law and order. There shall be no order as to costs.

11.08.2023 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No ssb 3/5

Note: Issue order copy on 11.08.2023 To 1.The Deputy Superintendent of Police, Ambasamudram, Tirunelveli District.

2.The Inspector of Police, Ambasamudram Police Station, Tirunelveli District.

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

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DR.D.NAGARJUN,J ssb W.P.(MD)No.19476 of 2023 Dated:11.08.2023 5/5