Sakkarai. K v. The Sub Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.09.2023

CORAM

THE HONOURABLE DR.JUSTICE D.NAGARJUN K.Sakkarai ... Petitioner Vs The Sub Inspector of Police, Paralachi Police Station, Aruppukottai Taluk, Virudhunagar District.

... Respondent PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondent herein to provide adequate protection to the Rajakambala Naicker community people for conducting Purattasi Festival in connection with the Pattatharasi Amman Temple and Ayyanar Temple situated in Thoppulakkarai Village on 03.10.2023 and 04.10.2023.

For Petitioner : Mr.D.Sivaraman For Respondent : Mr.B.Thanga Aravindh Government Advocate (Criminal side)

O R D E R

This Writ Petition is filed for a Mandamus directing the respondent police to grant the permission and protection to the petitioner for conducting the purattasi festival on 03.10.2023 and 04.10.2023 in Pattatharasi Amman Temple and Ayyanar Temple at Thoppulakkarai Village. 1/5

2.It is submitted by the learned counsel for the petitioner that the petitioner and the villagers have been conducting the Purattasi Festival every year and for this year also, the petitioner has given a representation dated 24.09.2023 to the respondent police seeking permission and protection for conducting the festival on 03.10.2023 and 04.10.2023 in Pattatharasi Amman Temple and Ayyanar Temple at Thoppulakkarai Village. However, the respondent police without any basis have kept the same pending and therefore, sought for suitable directions.

3.The learned Government Advocate (Crl.side) raised objections stating that on 03.10.2023 and 04.10.2023, the rival parties to the petitioner have been conducting the festival in another temple of the same villager and since both of them are loggerheads and counter cases have been filed against each of the groups and if the permission is granted to the petitioner to conduct the festival on 03.10.2023 and 04.10.2023 in Pattatharasi Amman Temple and Ayyanar Temple at Thoppulakkarai Village, law and order problem may likely to emerge.

4.It is submitted by the learned counsel for the petitioner that earlier the petitioner has filed WP.(MD) No.21109 of 2023, wherein the opponent group to the petitioner have informed the Court that they do not have any objection to 2/5

conduct the festival by the petitioner in Veera Jammammal @ Sri Pattatharasi Amman Koil.

5.In view of the submissions made by the learned counsel on either side, since the respondent police are instructing that there could not be a law and order problem, in case if both the parties are allowed to conduct the festival for two different temples on the very same dates, ie., 03.10.2023 and 04.10.2023, this Court has directed the petitioner to inform whether any other dates are agreeable. Accordingly, after consulting with the petitioner, the learned counsel for the petitioner has submitted that the petitioner would perform the temple festival on 01.10.2023 and 02.10.2023, since on 03.10.2023 and on 04.10.2023, the rival parties are intending to conduct the festival. 6.In view of the above, this Writ Petition is disposed of directing the respondent police to grant the permission and protection to the petitioner to conduct the festival on 01.10.2023 and 02.10.2023 by considering the representation dated 24.09.2023 forthwith by imposing the usual conditions . No costs.

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To 1.The Sub Inspector of Police, Paralachi Police Station, Aruppukottai Taluk, Virudhunagar District.

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

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DR.D.NAGARJUN, J.

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