Ayyamurugan. A v. The Superintendent Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:25.08.2023
CORAM
THE HON'BLE DR.JUSTICE D.NAGARJUN and W.M.P(MD) No.16692 of 2023 A.Ayyamurugan ... Petitioner Vs.
1.The Superintendent of Police, Virudhunagar District, Virudhunagar.
2.The Deputy Superintendent of Police, Thiruchuli Sub Division, Virudhunagar District.
3.The Inspector of Police, Keela Paralatchi Police Station, Virudhunagar.
... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, calling for the records on the file of the second respondent's order in 14.07.2023 and quash the same and direct the respondents particularly, the third respondent, to give proper permission to conduct festival on or before 23.08.2023. 1/6
For Petitioner : Mr.R.Srinivasan For Respondents : Mr.B.Thanga Aravindh Government Advocate (crl.side) for R1 to R3 For Intervenor : Mr.D.Sivaraman
O R D E R
This Writ Petition is filed seeking for quashment of the impugned order dated 14.07.2023 issued by the second respondent and for a direction to the respondents Police to grant permission to conduct festival in Irangi Muthamman Temple situated in Thoppalakkari Village, Virudhunagar District, on or before 23.08.2023.
2. It is submitted by the learned counsel appearing for the petitioner that six groups people intend to conduct the temple festival, for which, though the Revenue Divisional Officer, after conducting peace committee meeting, has given clearance, the Deputy Superintendent of Police, on the very next day, had declined alleging that one group which was excluded has raised some objection.
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3. Mr.D.Sivaraman, learned counsel intervened on behalf of one community which is singled out by the petitioner submits that upto the year 2019, all the communities including seventh Naicker community were jointly conducting the festival. However, the petitioner, who belongs to six groups, has deliberately excluded the seventh Naicker community from participating in the festival.
4. The learned Government Advocate (criminal side) appearing for the official respondents submits that if both the groups intend to perform the festival jointly, Police have no objection to conduct the festival so that they will provide suitable protection.
5. In view of the above, this Writ Petition is disposed of directing the petitioner to approach the respondents Police and file an application afresh seeking for granting permission, taking into confidence of the seventh Naicker community people and others. On filing of such application, the respondents Police are directed to dispose of the same and grant permission in case if all the seven groups have been 3/6
participating in the proposed festival. This order has been passed in respect of conducting the festival. In case if there is a dispute in respect of administration of the temple between these groups, both of them are directed to approach the appropriate forum. There shall be no order as to costs. Consequently, connected Miscellaneous Petition is closed. 25.08.2023 NCC :
Yes / No Index :
Yes / No Internet :
Yes / No ssb Note:Issue order copy on 28.08.2023.
To 1.The Superintendent of Police, Virudhunagar District, Virudhunagar.
2.The Deputy Superintendent of Police, Thiruchuli Sub Division, Virudhunagar District.
3.The Inspector of Police, Keela Paralatchi Police Station, Virudhunagar.
4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
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DR.D.NAGARJUN,J ssb Dated:25.08.2023 6/6