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Madras High CourtWP(MD)/28216/2024disposed of

M. Manikandan v. The District Collector

2024-11-28Honourable Mr Justice M. Nirmal Kumar5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.11.2024

CORAM

THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR M.Manikandan : Petitioner Vs.

1.The District Collector, Tenkasi District, Tenkasi.

2.The Superintendent of Police, Tenkasi District.

3.The Inspector of Police, Pavoorchatram Police Station, Pavoorchatram, Tenkasi District.

: Respondents PRAYER : Petition filed under Article 226 of Constitution of India seeking for Writ of Mandamus to direct the respondents 1 to 3 to grant permission and give police protection to conduct Kodaivizha Festival by the petitioner group in Arulmighu Ramasamy Temple in Veeraputhiranadanoor, Poovanoor, Pavoorchatram Taluk, Tenkasi District and to ensure peaceful worship by the villagers. For Petitioner : Ms.V.Janakidevi For R1 : Mr.M.Muthumanikkam Government Advocate (Civil.side) 1/5

For R2 & R3 : Mr.A.Thiruvadikumar Additional Public Prosecutor

ORDER

This petition has been filed seeking direction directing the reaspondents 1 to 3 to grant permission and give police protection to conduct Kodaivizha festival by the petitioner's group in Arulmighu Ramasamy Temple in Veeraputhiranadanoor, Poovanoor, Pavoorchatram Taluk, Tenkasi District.

2. The contention of the petitioner is that on the petitioner's representation, permission was granted to the petitioner for conducting Kodaivizha festival on 10.11.2024 and 11.11.2024 with certain conditions. The petitioner was ready to make arrangement to conduct festival, that being so, suddenly on 09.11.2024 at about 07.00 pm., the Inspector of Police had called the petitioner over phone and informed that permission earlier granted is now cancelled and no Kodaivizha festival can be conducted and the petitioner can have worship. If the condition is violated, case would be foisted. The petitioner's explained that already the petitioner spent more than Rs.1,00,000/- for making arrangement for the said festival, since the police had given permission and now, cancelling the permission, is not proper. Hence, the above petition. 2/5

3. The learned Additional Public Prosecutor submitted that rival group of the petitioner one Murugeshan had filed W.P(MD).No.11492 of 2024, in which, it is recorded that one Murugavel Raj and Patchammaal had filed civil suit in O.S.No.730 of 2023, which is pending before the Subordinate Court, Tenkasi. In view of the same, this Court had directed that only pooja can be performed.

4. A copy of the order of writ Court has been produced, wherein it is recorded that civil suit is pending. Pursuant to the same, the respondent police called the petitioner, informed about the order passed in W.P(MD).No.11492 of 2024, directed no poojas can be conducted and only the petitioner and others can have worship. In view of the same, this Court does not find any merits in this petition. Accordingly, this Writ Petition is dismissed. No costs.

28.11.2024 NCC : Yes/No Index : Yes / No Internet : Yes / No Rmk 3/5

To 1.The District Collector, Tenkasi District, Tenkasi.

2.The Superintendent of Police, Tenkasi District.

3.The Inspector of Police, Pavoorchatram Police Station, Pavoorchatram, Tenkasi District.

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

4/5

M.NIRMAL KUMAR,J.

Rmk 28.11.2024 5/5