Mathialagan Gounder v. The Superintendent of Police

O R D E R This Writ Petition has been filed to issue a Writ of Mandamus,to direct the respondents 2 and 3 herein to provide necessary police protection during the festival of Arulmighu Muthumariamman Temple, Thathanoor Village, Marunkapuri Taluk, Trichi District to be held as from 28.05.2023 to

01.06.2023 and 07.06.2023 in the light of the petitioner's representation dated

13.04.2023.

¶2Heard the learned counsel on either side.

¶3On the side of the petitioner it is stated that the petitioner is having a Civil Court decree in his favour in O.S.No.187 of 2013 and the Court order permitted the petitioner to conduct the temple festival. In view of the same, the petitioner used to get permission of this Court every year till 2019 and he used to conduct the temple festival and this year also the petitioner has approached this Court for conducting the festival.

¶4The respondents 1 to 4 have no objection in granting permission to the petitioner to conduct the temple festival.

¶5In view of the submissions made by both the parties, this Court is inclined to grant permission to the petitioner to conduct the temple festival.

¶6Accordingly, this writ petition is allowed and the petitioner is permitted to conduct the temple festival of Arulmighu Muthumariamman Temple, Thathanoor Village, Marunkapuri Taluk, Trichi District subject to the following conditions: 'a)The festival shall be conducted in an organised and peaceful manner without causing law and order problem. b) The fifth respondent is permitted to participate in the temple festival in peaceful manner. c) The official respondents shall give necessary police protection during the temple festival. d) The organizers shall be held responsible for any untoward incident. e) Songs praising communal leaders or having communal overtones should not be played. f) The petitioner should ensure that no flex board or hoardings depicting any particular community or leader is displayed. g) All the above terms and conditions should be followed scrupulously by the petitioner and the petitioner shall file an affidavit of undertaking to the said effect before the respondents. h) If there is any violation of conditions or any law and order proplem, the official respondents or the duly authorised officer is entitled to take necessary action as per law. There shall be no order as to costs.

17.05.2023 Internet : Yes Index : Yes/No Speaking/Non Speaking order ebsi Note: Issue order copy on 25.05.2023 To

¶1The Superintendent of Police, Trichy District, Trichy.

¶2The Inspector of Police, Thuvarankurichi Police Station, Trichi District.

¶3The Sub-Inspector of Police, Vallanadu Police Station, Trichy District.

¶4The Tahsildar, Marungapurai Taluk, Trichy District. T.V.THAMILSELVI

, J.

ebsi W.P (MD).No.11927 of 2023

17.05.2023

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 17.05.2023 CORAM THE HONOURABLE MRS. JUSTICE T.V.THAMILSELVI W.P (MD).No. 11927 of 2023 Mathialagan Gounder ... Petitioner Vs. 1. The Superintendent of Police, Trichy District, Trichy. 2. The Inspector of Police, Thuvarankurichi Police Station, Trichi District. 3. The Sub- Inspector of Police, Vallanadu Police Station, Trichy District. 4. The Tahsildar, Marungapurai Taluk, Trichy District. 5. Mahadevan ... Respondents Prayer: Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, to direct the respondents 2 and 3 herein to provide necessary police protection during the festival of Arulmighu Muthumariamman Temple, Thathanoor Village, Marunkapuri Taluk, Trichi District to be held as from 28.05.2023 to 01.06.2023 and 07.06.2023 in the light of the petitioner's representation dated 13.04.2023. For Petitioner : Mr.M.Suresh For Respondents : Mr.R.Meenakshi Sundaram Additional Public Prosecutor