Arumugam. R v. The Superintendent Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 30.08.2024 CORAM :
THE HONOURABLE MR.JUSTICE K.MURALI SHANKAR W.P.(MD)No.20835 of 2024 R.Arumugam
...Petitioner
Vs.
1.The Superintendent of Police, O/o. Superintendent of Police, Ramanathapuram District.
2.The Deputy Superintendent of Police, O/o. Deputy Superintendent of Police, Paramakudi Taluk, Ramanathapuram District.
3.The Inspector of Police, Nainar Kovil Police Station, Ramanathapuram District.
4.Balusamy ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the second respondent to permit the petitioner and his people for carrying Mulaipari and conduct Mulaipari procession in festival which proposed to be held on 03.09.2024 to 04.09.2024 at Arulmigu Mariamman Temple, 1/6
Siruvayal Village, Paramakudi Taluk, Ramanathapuram District since the second respondent orally rejected petitioner and his people for carrying Mulaipari and conduct Mulaipari procession in festival during enquiry conducted by him as per this Court order passed in W.P.(MD)No.20334 of 2024 dated 27.08.2024.
For Petitioner : Mr.A.Naresh Prabu For R1 to R3 : Mr.E.Antony Sahaya Prabahar Additional Public Prosecutor
ORDER
The Writ Petition has been filed, invoking Article 226 of the Constitution of India, seeking orders to direct the second respondent to permit the writ petitioner and his people for carrying Mulaipari and conduct Mulaipari procession in festival which proposed to be held on 03.09.2024 and 04.09.2024 at Arulmigu Mariamman Temple, Siruvayal Village, Paramakudi Taluk, Ramanathapuram District since the second respondent orally rejected the writ petitioner and his people for carrying Mulaipari and conduct Mulaipari procession in festival during enquiry conducted by him as per this Court order passed in W.P.(MD)No.20334 of 2024 dated 27.08.2024.
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2. Mr.E.Antony Sahaya Prabahar, learned Additional Public Prosecutor takes notice for the respondents 1 to 3. By consent, this writ petition is taken up for final disposal at the admission stage itself.
3. The writ petitioner has earlier filed a writ petition in W.P.(MD) No.20334 of 2024 seeking a writ of mandamus directing the respondents police to accord police protection for the Mulaipari event of Arulmigu Mariamman Temple situated at Siruvayal Village, Paramakudi Taluk, Ramanathapuram District scheduled to be held on 03.09.2024 and 04.09.2024. Considering the submissions made on either side and also the objections raised by one Balusamy, this Court directed the Deputy Superintendent of Police, Paramakudi, Ramanathapuram District to issue notice to the petitioner as well as the other groups involved and take a decision with regard to conduct of festival within a period of three days from 27.08.2024.
4. The learned counsel appearing for the writ petitioner would submit that in pursuance of the direction of this Court, the second respondent herein/Deputy Superintendent of Police has conducted 3/6
meeting on 28.08.2024 and after enquiry, he has orally rejected the writ petitioner's claim.
5. The learned Additional Public Prosecutor appearing for the respondents 1 to 3 would submit that the second respondent has passed an order on 28.08.2024 rejecting the writ petitioner's claim mainly on the ground that the writ petitioner's group has raised objections.
6. The learned counsel appearing for the writ petitioner would submit that they have no objection for the other group to take part in the festival and with regard to Mulaipari, the second respondent insisted the writ petitioner's group not to take Mulaipari since the other side has not prepared the same.
7. The learned Additional Public Prosecutor appearing for the respondents 1 to 3 would submit that in case the writ petitioner's group is having Mulaipari, they may be permitted to conduct Mulaipari procession.
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8. Considering the submissions made on either side, the third respondent is directed to give permission to the writ petitioner's group as well as the other group to conduct and take part in the festival and to give permission to the writ petitioner's group to take Mulaipari.
9. With the above directions, the Writ Petition stands disposed of. No costs.
30.08.2024 NCC :Yes/No Index :Yes/No Internet : Yes/ No csm Note : Issue order copy today (30.08.2024) To 1.The Superintendent of Police, O/o. Superintendent of Police, Ramanathapuram District.
2.The Deputy Superintendent of Police, O/o. Deputy Superintendent of Police, Paramakudi Taluk, Ramanathapuram District.
3.The Inspector of Police, Nainar Kovil Police Station, Ramanathapuram District.
4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
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K.MURALI SHANKAR, J csm Order made in W.P.(MD)No.20835 of 2024 Dated : 30.08.2024 6/6