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Madras High CourtWP(MD)/22320/2024disposed of

Mahalingam v. The Superintendent Of Police

2024-09-20Honourable Mr Justice K.Murali Shankar6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.09.2024

CORAM:

THE HON'BLE MR.JUSTICE K.MURALI SHANKAR Mahalingam ... Petitioner Vs.

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

2.The Deputy Superintendent of Police, Office of the Deputy Superintendent of Police, Ponnamaravathi, Pudukkottai District.

3.The Inspector of Police, Ponnamaravathi Police Station, Pudukkottai District.

4.The Assistant Commissioner, Office of the Assistant Commissioner, Hindu Religious and Charitable Endowment Department, Pudukkottai.

5.The Fit Person/Executive Officer, Arulmigu Kuravanikattu Ayyanar Vagaiyara Temple, Kaandiyanatham Village, Ponnamaravathi Taluk, Pudukottai District.

... Respondents 1/6

Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, to direct the respondent Police to provide adequate police protection to continue the Temple Thiruppani Works as per the order of the 4th respondent vide proceedings No. Na.Ka. No.4161/2022/E1 dated 07.07.2023 and Se.Mu.Na.Ka. no. 4161/2022/E1 dated 12.06.2024 to complete the Temple Thiruppani Works (By Ubayam / Donation) and to conduct the Kumbhabhisegam happening nearly after 70 years to the Arulmigu Karuveli Kattu Ayyanar @ Kuvani Katha Ayyanar Temple is situated at Kandiyanatham, Ponnamaravathi Taluk, Pudukkottai District within the time limit that may be stipulated by this Honble Court.

For Petitioner : Mr.Ramesh Mahadev For R1 to R3 : Mr.E.Antony Sahaya Prabahar, Additional Public Prosecutor.

For R4 & R5 : Mr.M.Muthumanikkam, Government Advocate(Civil Side) For Intervenor : Mr.R.Paranjothi

ORDER

This writ petition has been filed seeking orders to direct the respondent Police to provide adequate police protection to continue the 2/6

Temple Thiruppani Works as per the order of the 4th respondent vide proceedings No. Na.Ka. No.4161/2022/E1 dated 07.07.2023 and Se.Mu.Na.Ka. no.4161/2022/E1 dated 12.06.2024 to complete the Temple Thiruppani Works (By Ubayam / Donation) and to conduct the Kumbhabhisegam happening nearly after 70 years to the Arulmigu Karuveli Kattu Ayyanar @ Kuvani Katha Ayyanar Temple is situated at Kandiyanatham, Ponnamaravathi Taluk, Pudukkottai District within a time frame.

2.Mr.E.Antony Sahaya Prabahar, Additional Public Prosecutor takes notice for R1 to R3. Mr.M.Muthumanikkam, Government Advocate(Civil Side) takes notice for R4 & R5. By consent, this writ petition is taken up for final disposal at the admission stage itself. 3.One Chittandi Poosari wanted to intervene in this petition through Mr.R.Paranjothi, learned counsel. The said Chittandi Poosari has filed a writ petition in W.P.(MD)No.19032 of 2024 seeking Certiorarified Mandamus to quash the order passed by the Assistant Commissioner, HR & CE, Pudukkottai dated 12.06.2024 and consequently to direct HR & CE 3/6

officials to constitute the fresh Thiruppani Committee with representative of all villagers belongs to Kulakaran Vagaiyara including the petitioner. This Court vide order dated 07.08.2024, granted liberty to the said Chittandi Poosari to submit a representation before the respondents 1 to 3 in the said writ petition and on receipt of the same, the respondents 1 to 3 were directed to consider the same and pass orders on merits and in accordance with law.

4.When the matter is taken up for hearing today, the learned Government Advocate(Civil Side) appearing for the respondents 4 & 5 would submit that the representation of the said Chittandi Poosari is pending before the fourth and fifth respondents. 5.Considering the above, the fourth and fifth respondents are directed to consider the representation of the Chittandi Poosari and pass orders, within a period of one week from today (20.09.2024). The third respondent is directed to consider the representation of the petitioner herein and take a decision, within a period of one week from the date of order to be passed by the fourth and fifth respondents. 4/6

6.With the above directions, this writ petition stands disposed of. No costs.

20.09.2024 NCC :yes/No Index :yes/No Internet:yes/No gns (Note: Issue order copy today ie., 20.09.2024) To 1.The Superintendent of Police, Office of the Superintendent of Police, Pudukkottai District.

2.The Deputy Superintendent of Police, Office of the Deputy Superintendent of Police, Ponnamaravathi, Pudukkottai District.

3.The Inspector of Police, Ponnamaravathi Police Station, Pudukkottai District.

4.The Assistant Commissioner, Office of the Assistant Commissioner, Hindu Religious and Charitable Endowment Department, Pudukkottai.

5.The Fit Person/Executive Officer, Arulmigu Kuravanikattu Ayyanar Vagaiyara Temple, Kaandiyanatham Village, Ponnamaravathi Taluk, Pudukottai District.

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K.MURALI SHANKAR ,J.

gns 20.09.2024 6/6