Madras High CourtWP Crl.(MD)/1298/2025disposed of

R. Paulsamy v. The Deputy Superintendent Of Police,

2025-09-23Honourable Mr Justice Sunder Mohan6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06.10.2025

CORAM:

THE HONOURABLE MR.JUSTICE SUNDER MOHAN W.P. Crl. (MD) No. 1298 of 2025 R.Paulsamy ... Petitioner Vs

1. The Deputy Superintendent of Police, Valliyur, Tirunelveli District.

2. The Inspector of Police, Kodankulam Police Station, Tirunelveli District.

3. The Tahsildar, Radhapuram Taluk, Tirunelveli District.

4. S.Lingam,

5. P.Sankaramoorthy ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus to direct the 1st to 3rd respondents to grant 1/6

permission and protection to conduct the temple festival of Sri Muthramman Temple situated in Koodankulam, Radhapuram Taluk, Tiruenlveli District on 09.09.2025 to 10.09.2025 by considering the petitioner representations dated 01.09.2025 and 04.09.2025.

For petitioner : Mr. V.Panneer Selvam For Respondents : Mr.R.M.Anbunithi (R1-R2) Additional Public Prosecutor : Mr.N.Ramesh Arumugam (R3) Government Advocate : Mr.P.Susaii Krishna (R4) : Mr.M.Mohaboob Athif (R5) *****

ORDER

This Court had dictated the following order in the open Court on 23.09.2025:

"The petitioner, claiming to be the residents of Koodankulam, Radhapuram Taluk, Tirunelveli District, has sought for a Writ of Mandamus directing the respondents 1 to 3 to grant permission and 2/6

protection to conduct the temple festival of Sri Muthramman Temple situated in Koodankulam, Radhapuram Taluk, Tiruenlveli District on 09.09.2025 to 10.09.2025 by considering the petitioner representations dated 01.09.2025 and 04.09.2025.

2. The learned Counsel for the petitioner and the learned Counsel appearing for the fourth respondent submitted that since the parties arrived at compromise and they jointly decided to conduct the temple festival of Sri Muthramman Temple situated in Koodankulam, Radhapuram Taluk, Tiruenlveli District on 07.10.2025 to 17.10.2025.

3. In view of the change in circumstances, the petitioner herein is directed to send a fresh representation to the respondent Nos.1 to 3 and the same may be considered and necessary orders may be passed in accordance with law.

4. With the above observations, this writ petition is disposed of . No costs."

2. Before the orders were signed, the learned Counsel for the fifth respondent requested this Court to rehear the case and hence this case was ordered to be listed today under the caption 'for clarification'. 3/6

3. The learned Counsel for the fifth respondent would submit that the prayer as sought for by the petitioner cannot be granted because there are judgments of the civil courts, which would make it clear that the petitioner's representations cannot be considered favourably by the respondents as the petitioner has suppressed those proceedings in this writ petition. He would further submit that even if a fresh representation is sent by the petitioner, the respondent police would not have any authority to grant permission as sought for.

4. Since this Court had only directed the respondent police to consider the representations in accordance with law, without going into the merits of the submissions, it would suffice to add in the above order that respondents 1 to 3 may hear the fifth respondent and also take into consideration the orders passed by the civil Court before passing any orders on the representation to be sent by the petitioner.

5. In view of the above, this Writ Petition is disposed of with a direction that respondent Nos.1 to 3 shall hear the fifth respondent and also take into 4/6

consideration the orders passed by the civil Court which may be produced by the fifth respondent before passing any orders on the representation to be sent by the petitioner.

Index : Yes / No 06.10.2025 Internet : Yes / No LR 5/6

SUNDER MOHAN , J.

LR To

1. The Deputy Superintendent of Police, Valliyur, Tirunelveli District.

2. The Inspector of Police, Kodankulam Police Station, Tirunelveli District.

3. The Tahsildar, Radhapuram Taluk, Tirunelveli District.

4. The Additional Public Prosecutor Madurai Bench of Madras High Court, Madurai W.P. Crl.(MD) No. 1298 of 2025 06.10.2025 6/6