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Madras High CourtWP(MD)/26595/2023disposed of

Karuppaiah v. The Superintendent Of Police

2023-11-16Honourable Mr Justice G.Ilangovan5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16.11.2023 CORAM :

THE HONOURABLE MR.JUSTICE G.ILANGOVAN W.P(MD) No.26595 of 2023 Karuppaiah ... Petitioner Vs.

1. The Superintendent of Police, Office of the Superintendent of Police, Pudukkottai District.

2. The Deputy Superintendent of Police, Office of the Deputy Superintendent of Police, Pudukkottai Sub Division, Pudukkottai District.

3. The Inspector of Police, Gandharvakottai Police Station, Pudukkottai 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 to grant permission and to provide necessary protection to conduct Kudamulukku Festival from 17.11.2023 to 19.11.2023 and 08.12.2023 in Arulmigu Sri Vaduvuchi Amman Temple at Namburanpatti Village, Gandharvakottai Taluk, Pudukkottai District, by considering the petitioner's representation, dated 21.10.2023 in accordance with law within the time stipulated by this Court.

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For Petitioner :Mr.R.Alagumani For Respondents :Mr.M.Sakthi Kumar, Government Advocate (Crl side).

O R D E R

This Writ Petition is filed to direct the respondents to grant permission and to provide necessary protection to conduct Kudamulukku Festival from 17.11.2023 to 19.11.2023 and 08.12.2023 in Arulmigu Sri Vaduvuchi Amman Temple at Namburanpatti Village, Gandharvakottai Taluk, Pudukkottai District, by considering the petitioner's representation, dated 21.10.2023 in accordance with law within the time stipulated by this Court.

2. The learned Government Advocate (Crl.Side) would submit that there is group rivalry between the two groups of people, over conduction of Kudamulukku Festival from 17.11.2023 to 19.11.2023 and 08.12.2023 in Arulmigu Sri Vaduvuchi Amman Temple at Namburanpatti Village, Gandharvakottai Taluk, Pudukkottai District. Because of the group rivalry, both parties were given seperate representations, seeking Police protection and permision. Considering the above said issue, the above said matter was referred to the Revenue Division Officer, 2/5

Gandarvakkottai, to conduct a Peace Committee Meeting. Summons were issued to both the groups. One is the rival group namely Govindasamy and Govindaraj and others participated in the Peace Committee Meeting on 07.11.2023. So far the other group namely petitioner's group is concerned, they did not participated. So, it concluded without any resolution.

3. Further he would submit that because of the above said issue, recommendation has been made by the third respondent herein on 14.11.2023 to initiate action under Section 107 Cr.P.C to Revenue Division Officer, Pudukkottai. So far, the above said recommendation has not been taken cognizance.

4. In view of the above said development, after getting proper notice from the competent authority, the petitioner can approach him to workout out his remedy. There is no consideration of granting Police protection or permission at this stage. Depending upon the outcome of the proceedings under Section 107 Cr.P.C., the parties can workout their remedy through appropriate proceedings, if so aggrieved.

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5. With the above said liberty, this Writ Petition is disposed of. No costs.

16.11.2023 NCC :Yes/No Index :Yes/No Internet : Yes/ No INDU To

1. The Superintendent of Police, Office of the Superintendent of Police, Pudukkottai District.

2. The Deputy Superintendent of Police, Office of the Deputy Superintendent of Police, Pudukkottai Sub Division, Pudukkottai District.

3. The Inspector of Police, Gandharvakottai Police Station, Pudukkottai District.

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

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G.ILANGOVAN, J INDU Order made in Dated 16.11.2023 5/5