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Madras High CourtWP(MD)/20827/2019disposed of

K.Pandi v. The Deputy Superintendent Of Police

2019-09-26Honourable Mr Justice G.K. Ilanthiraiyan3 pages

BEFORE THE MADURAI BENGH OF MADRAS HIGH COURT DATED: 26.09.2019

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN K.Pandi ... Petitioner Vs 1.The Deputy Superintendent of Police, Thiruchili, Virudhunagar District.

2.The Inspector of Police, Narikudi, Virudhunagar District.

3.The Sub Inspector of Police, A.Mukkulam Police Station, Virudhunagar District.

4.The Revenue divisional Officer, Aruppukottai, Virudhunagar District.

5.Kothandaraman ... Respondents PRAYER: Writ Petition filed under Article 226 of Constitution of India, to issue a writ of Mandamus, directing the respondents 1 to 3 to grant protection for the peaceful conduct of festival including Puravi Edupu at Stree Kaveri Ayyanar Kovil, Alagunatchiamman Temple and Pandi Vinayagar temple until 01.10.2019 at V.karisalkulam village, Thiruchuli Taluk, Virudhunagar District based on the 4th respondent proceedings made in Na.Ka.A2/6110/2019 dated 23.09.2019. For Petitioner : Mr.R.Karthikeyan For Respondents : Mr.R.Anandharaj, APP for RR1 to 4

O R D E R

This writ petition has been filed for issuance of a writ of Mandamus, directing the respondents 1 to 3 to grant protection for 1/3

the peaceful conduct of festival including Puravi Edupu at Stree Kaveri Ayyanar Kovil, Alagunatchiamman Temple and Pandi Vinayagar temple until 01.10.2019 at V.karisalkulam village, Thiruchuli Taluk, Virudhunagar District based on the 4th respondent proceedings made in Na.Ka.A2/6110/2019 dated 23.09.2019.

2.The learned Additional Public Prosecutor would submit that already, the 5th respondent filed writ petition before this Court and in the said writ petition in W.P.(MD) Nos.19558 and 18564 of 2019, this Court by order dated 12.09.2019, has given the following direction:

"5. Therefore, the second respondent is directed to forward both the complaints lodged by the petitioners to the Revenue Divisional Officer, Aruppukottai, Viruthunagar District forthwith. On receipt of the same, the Revenue Divisional Officer is directed to issue notice to both parties and after hearing both parties, the Revenue Divisional Officer, Aruppukottai, Viruthunagar District shall pass orders on merits and in accordance with law. Such an exercise shall be completed within a period of two weeks from the date of receipt of complaint. If the same dispute continues in future, both the parties are directed to approach the concerned civil court to ascertain their rights to conduct festival in respect of performing poojas at Sree Kaveri Ayyanar Kovil, Alagunatchiamman Temple and Pandi Vinayagar Temple at V.Karisalkulam Village, Thiruchuli Tk, Virudhunagar Dt."

Accordingly, the Revenue Divisional Officer, Aruppukottai conducted enquiry on 23.09.2019, in which, both the parties could not able to come to a conclusion and as such, the Revenue Divisional Officer concluded that the earlier direction should be followed in the present year also. Accordingly, the petitioner started the festival including Puravi Edupu at Stree Kaveri Ayyanar Kovil, Alagunatchiamman Temple and Pandi Vinayagar temple until 01.10.2019. However, now, the petitioner apprehends that the 5th respondent would interfere with the temple festival.

3.Considering the above said facts and circumstances of the case, the second respondent is directed to take appropriate action on the complaint lodged by the petitioner for any of the untoward incident happened during the festival as against the law violators. 2/3

4.With the above direction, this criminal original petition is closed.

Sd/- Assistant Registrar (CO) // True Copy // Sub Assistant Registrar(CS) Arul To 1.The Deputy Superintendent of Police, Thiruchili, Virudhunagar District.

2.The Inspector of Police, Narikudi, Virudhunagar District.

3.The Sub Inspector of Police, A.Mukkulam Police Station, Virudhunagar District.

4.The Revenue divisional Officer, Aruppukottai, Virudhunagar District.

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

+1 CC to M/s.R.KARTHIKEYAN, Advocate ( SR-89595[F] dated 26/09/2019 ) Order made in W.P (MD) No.20827 of 2019 26.09.2019 JMN(27.09.2019) 3P : 7C 3/3