Madras High CourtWP(MD)/22704/2024disposed of

P.Periyakaruppan v. The District Collector

2024-09-24Honourable Mr Justice N. Sathish Kumar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 24.09.2024

CORAM:

THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR P.Periyakaruppan ... Petitioner Vs., 1.The District Collector, O/o.The District Collectorate, 2.The Revenue Divisional Officer, O/o.The Revenue Divisional Officer, Melur, Madurai.

3.The Tahsildar, O/o.Thasildar, Melur Main Road, Melur.

4.The Superintendent of Police, O/o.The Superintendent of Police, Alagar Kovil Road, 5.The Inspector of Police, Keelavalavu Police Station, Melur Taluk, Madurai.

6.V.Perumal Ambalakarar 7.M.Saravanan Ambalakarar 8.C.Karuppaiah ... Respondents 1/4

PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus to direct the respondents 1 to 5 to grant permission for the Kida Vettu Festival, which is scheduled to be held on 01.10.2024 in the temple of Yelaikatha Amman Valladikarar Temple Festival and consequently directing the respondent 4 to 5 to provide adequate police protection to the petitioner. For Petitioner : Mr.S.Ramsundarvijayraj For Respondents : Mr.D.Gandhiraj (for R1 to R3) Special Government Pleader Mr.M.Vaikkam Karunanithi (for R4 & R5) Government Advocate (crl.side) Mr.L.Shaji Chellan (for R6 to R8)

ORDER

This writ petition has been filed to direct the respondents 1 to 5 to grant permission for the Kida Vettu Festival, which is scheduled to be held on 01.10.2024 in the temple of 'Yelaikatha Amman Valladikarar' Temple Festival and consequently, to direct the respondent 4 to 5 to provide adequate police protection to the petitioner.

2. It is the contention of the petitioner that he has only the right of customary practice of sacrificing the Goat while performing pooja in the petition mentioned temple festival, whereas the private respondents submits that it is not 2/4

the customary practice. The petitioner is not entitled to do the same. Since he lost his wife, other person is also selected in this regard.

3. At the outset, the very writ petition itself is not maintainable. If the petitioner claims the right of customary practice, which has been disputed by other side, it has to be established in the manner known to law before the appropriate civil Court. Hence, the Writ Petition is disposed of. It is for the petitioner to workout his remedy before the competent civil Court. It is needless to say that the official respondents, particularly, the Superintendent of Police/fourth respondent herein to ensure that there is no law and order issue in the petition mentioned temple. No costs.

23.09.2024 NCC : Yes/No Index : Yes/No Rmk To 1.The District Collector, O/o.The District Collectorate, 2.The Revenue Divisional Officer, O/o.The Revenue Divisional Officer, Melur, Madurai.

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N.SATHISH KUMAR , J.

Rmk 3.The Tahsildar, O/o.Thasildar, Melur Main Road, Melur.

4.The Superintendent of Police, O/o.The Superintendent of Police, Alagar Kovil Road, 5.The Inspector of Police, Keelavalavu Police Station, Melur Taluk, Madurai.

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