Neelamegam P v. The Joint Commissioner
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 05.10.2023 CORAM :
THE HONOURABLE MR.JUSTICE G.ILANGOVAN and W.M.P(MD)No.20388 of 2023 P.Neelamegam ... Petitioner Vs.
1.The Joint Commissioner Hindu Religious and Charitable Endowment, Dindigul.
2.The Executive Officer Arulmigu Moongilanai Kamatchiamman Thirukkoil, Devathanapatti, Periyakulam Taluk, Theni District.
3.The Superintendent of Police Theni District.
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4.The Deputy Superintendent of Police, Periyakulam Sub Division, Periyakulam, Theni District.
5.The Inspector of Police Devathanapatti Police Station, Periyakulam Taluk, Theni Dsitrict.
6.The Sub Inspector of Police Jeyamangalam Police Station, Periyakulam Taluk, Theni District.
7.The President, Ahamudayar Community, Ammapatti Street, Melmangalam, Periyakulam Taluk, Theni District.
... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus directing the respondents 3 to 6 herein to provide adequate security with police 2/8
bandho-bust to the petitioner Board of Trustees for conducting the Purattasi Festival in the Arulmigu Pattalamman Muthiah Swamy Thirukoil from 9.10.2023 to 17.10.2023 with ancient customary rites as per the invitation of the festival pursuant to the proceedings of the 1st respondent in Se.Mu.Na.Ka.No. 7525/2023/A4 dated 20.09.2023 appointing 2nd respondent herein as Special Officer for conduct of the temple festival.
For Petitioner : Mr.Ajmal Khan, Senior Counsel for Mr.K.Appadurai For Respondents : Mr.M.Sakthi Kumar - for R1 to R6 Government Advocate (Crl. Side) Mr.M.Karthikeya Venkatachalapathy - for R7
O R D E R
The Writ Petitioner filed this Writ Petition seeking for issuance of a Writ of Mandamus directing the respondents 3 to 6 herein to provide adequate security with police bandho-bust to the petitioner 3/8
Board of Trustees for conducting the Purattasi Festival in the Arulmigu Pattalamman Muthiah Swamy Thirukoil from 9.10.2023 to 17.10.2023 with ancient customary rites as per the invitation of the festival pursuant to the proceedings of the 1st respondent in Se.Mu.Na.Ka.No. 7525/2023/A4 dated 20.09.2023 appointing 2nd respondent herein as Special Officer for conduct of the temple festival.
2. On the basis of Peace Committee Meeting resolution dated 01.10.2023, this petition has been filed by the petitioner seeking police protection for the purpose of conducting the above said festival.
3. A query was raised by this Court that as to why this petitioner has filed this Writ Petition seeking police protection, since a Special Officer has been appointed for conducting the festival in a peaceful manner.
4. When the matter is called in the afternoon session, Mr.Karthikeya Venkatachalapathy, learned counsel appearing for the seventh respondent submitted that challenging the said Peace Committee Meeting resolution, he filed a Writ Petition in W.P.(MD)No.24374 of 4/8
2023 before this Court and the same is also numbered today only and the same may be heard in usual course and he also stated that his only objection is that no preference should be given to anyone.
5. A scheme decree is also referred by the learned Senior Counsel for the petitioner. This Court without going into those aspects, it is ordered that let the festival be conducted in a peaceful manner with participation of all community members, as the resolution already passed in the above said Peace Committee Meeting indicates for this year. With respect to other issues, they can work out their remedy in the pending proceedings.
6. The second respondent herein may take care of the conduct of the festival. If any trouble is created by anyone, it may be decided on the spot itself by the second respondent. It is made clear that all the community people must be permitted to participate in the above said festival, for which the learned counsel for the petitioner as well as the learned counsel for the seventh respondent agreed. They must abide by the undertaking given before this Court. The Police protection will be taken care by the respondents 4 and 5 5/8
6. With the above directions, this Writ Petition is disposed of. No costs. Consequently, connected Miscellaneous Petition is closed.
05.10.2023 NCC :Yes/No Index :Yes/No Internet : Yes/ No RM Note : Issue order copy today (06.10.2023) 6/8
To 1.The Joint Commissioner Hindu Religious and Charitable Endowment, Dindigul.
2.The Executive Officer Arulmigu Moongilanai Kamatchiamman Thirukkoil, Devathanapatti, Periyakulam Taluk, Theni District.
3.The Superintendent of Police Theni District.
4.The Deputy Superintendent of Police, Periyakulam Sub Division, Periyakulam, Theni District.
5.The Inspector of Police Devathanapatti Police Station, Periyakulam Taluk, Theni District.
6.The Sub Inspector of Police Jeyamangalam Police Station, Periyakulam Taluk, Theni District.
7.The President, Ahamudayar Community, Ammapatti Street, Melmangalam, Periyakulam Taluk, Theni District.
8.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
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G.ILANGOVAN, J RM Order made in Dated :05.10.2023 8/8