C.Perumal v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.10.2023 CORAM :

THE HONOURABLE MR.JUSTICE G.ILANGOVAN C.Perumal ... Petitioner Vs.

1.The Superintendent of Police, O/o. The Superintendent of Police, Thoothukudi District.

2.The Inspector of Police, Puliyampatti Police Station, Puliyampatti, Thoothukudi District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, or any other orders or direction in the nature of writ direction directing the Respondent No.2 to grant permission for conducting Temple Festival to be held on 24.10.2023 at 6.00 a.m. to 25.10.2023 at 8.00 a.m. at Arulmigu Sudalaimadasamy Kovil, Akkanayakkan Patti Village, Ottapidaram Taluk, Thoothukudi District by considering the representation dated 14.10.2023 made by the petitioner within the time stipulated by this Court.

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For Petitioner : Mr.I.Pinaygash For Respondents : Mr.M.Sakthi Kumar Government Advocate (Crl. Side)

O R D E R

This Writ Petition has been filed seeking a Writ of Mandamus, directing the Respondent No.2 to grant permission for conducting Temple Festival to be held on 24.10.2023 at 6.00 a.m. to 25.10.2023 at 8.00 a.m. at Arulmigu Sudalaimadasamy Kovil, Akkanayakkan Patti Village, Ottapidaram Taluk, Thoothukudi District by considering the representation dated 14.10.2023 made by the petitioner within the time stipulated by this Court.

2. Learned counsel for the petitioner submitted that the temple involved in this matter is Sudalaimada Swamy Temple, situated at Akkanayakkanpatti village, Ottapidaram Taluk, Thoothukudi District. In respect of the other temple called, Sappani temple, there was an issue between the villagers and pangaalies. A peace committee meeting was arranged by the Tahsildar, Ottapidaram and in the peace committee meeting, not only the celebration in the Sappani temple, but also the 2/6

celebration of Sudalaimada Swamy temple was stopped. Since there was an amicable settlement between the two groups of people on 03.10.2023, the above said order was put to challenge by the Murugaperumal by filing a writ petition in W.P.(MD)No.24176 of 2023. At that time of hearing, there was a settlement between the parties by which the present year celebration is to be held by the villagers and the next year celebration will be conducted by the above said Pangaalies. But the subject matter of this temple was not put into question in the above said writ petition.

3. The second respondent is present before this Court and stated that in the previous year during the celebration, some trouble has arisen between two groups of people over Saami Aattam. Over which a complaint was given by one Isakkiraja and the same was registered in Crime No.77 of 2021, against four persons for having caused assault to the persons.

4. To this objection, learned counsel for the petitioner submitted that after the registration of FIR, a committee was formed in the village to resolve the issue. In that process, two Nattaamais have been selected 3/6

and among whom, the petitioner is also one of the Nattaamai. The same is also admitted by the respondent, who is present before this Court. He further stated that there was a consensus in the village over the issue. According to them, presently there is no issue with regard to the Sudalaimada Swamy temple concern.

5. In the light of the facts and circumstances, the above said representation of the petitioner may be considered favourably and permission may be granted to the petitioner, imposing conditions which must be reasonable in nature.

6. With this direction, this Writ Petition is disposed of. No costs. 19.10.2023 NCC :Yes/No Index :Yes/No Internet : Yes/ No Note: Issue order copy on 20.10.2023 pnn 4/6

To 1.The Superintendent of Police, O/o. The Superintendent of Police, Thoothukudi District.

2.The Inspector of Police, Puliyampatti Police Station, Puliyampatti, Thoothukudi District.

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

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G.ILANGOVAN, J pnn Order made in Dated 19.10.2023 6/6