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Madras High CourtWP(MD)/23342/2023disposed of

K.Bhuvaneswari v. The Deputy Superintendent Of Police

2023-09-26Honourable Dr. Justice D.Nagarjun4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26.09.2023

CORAM:

THE HONOURABLE DR.JUSTICE D.NAGARJUN and W.M.P.(MD)No.19531 of 2023 K.Bhuvaneswari ... Petitioner Vs.

1.The Deputy Superintendent of Police, Manamadurai, Sivagangai District.

2.The Inspector of Police, Thiruppachathi Police Station, Sivagangai District.

... Respondents PRAYER : Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, to call for the impugned order passed by the 2nd respondent dated 19.09.2023 in Na.Ka.No.

17/Ka.Aa/Thirupachathi/2023 and quash the same and direct the 2nd respondent to grant permission and necessary protection to perform the cultural program (ie) Adal Padal on 28.09.2023 at 07.00 p.m., to 10.00 p.m., in the evening of "Arulmigu Sundaravalliamman Kovil Mulapari Thiruvila" at Thiruppachathi, Kannariruppu, Sivagangai District.

For Petitioner : Mr.J.Krishna Kumar For Respondents : Mr.B.Thanga Aravindh, Government Advocate (Crl.Side) 1/4

O RDER This Writ Petition is filed for a Certiorarified Mandamus, to call for the impugned order passed by the 2nd respondent dated 19.09.2023 in Na.Ka.No.17/Ka.Aa/Thirupachathi/2023 and quash the same and direct the 2nd respondent to grant permission and necessary protection to perform the cultural program (ie) Adal Padal on 28.09.2023 at 07.00 p.m., to 10.00 p.m., in the evening of "Arulmigu Sundaravalliamman Kovil Mulapari Thiruvila" at Thiruppachathi, Kannariruppu, Sivagangai District. 2.It is submitted by the learned counsel for the petitioner that since long time, the petitioner has been conducting the festival and even in the last year also, the temple festival was conducted without any hindrance.

It is submitted further that in the year 2022, when the temple festival was conducted, two CSRs were given, whereas in the year 2023, on account of the dispute between two groups, three complaints have been received and all of them were registered as CSR and enquiry was conducted and closed. It is submitted further that in respect of management of the temple and to conduct elections, there are disputes among the parties.

3.Considering the submissions made by the learned counsel on either side and on perusal of the records, this Petition is disposed of directing the petitioner to approach the respondent police along with rival groups, since the petitioner has submitted that there is no dispute among the people of the village in respect of conducting of the temple festival and on filing of fresh application, the respondent police are directed to consider the same and pass appropriate orders by imposing the usual conditions. No costs. Consequently, connected Miscellaneous Petition is closed.

26.09.2023 NCC : Yes / No Index : Yes/No Internet : Yes/No mm Note : Issue order copy on 27.09.2023 To 1.The Deputy Superintendent of Police, Manamadurai, Sivagangai District.

2.The Inspector of Police, Thiruppachathi Police Station, Sivagangai District.

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

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DR.D.NAGARJUN. J.

mm 26.09.2023 4/4