Muthaiah.M v. The Superintendent of Police

ORDER This petition is filed seeking for a direction to the respondent Nos.2 and 3 police to provide adequate police protection for conducting the temple festival of Sri Maasathu Ayyanar Temple on 03.08.2023, situated at, Thammavur Village, Kulathur Taluk, Pudukkottai District on the basis of the representation dated

30.06.2023.

2.It is submitted by the learned counsel for the petitioner that every alternative year, the villagers have been conducting the temple festival of Sri Maasathu Ayyanar temple. The disputes arose in the year 2015, when some of the villagers, who are in inimical terms with the petitioner, have raised objections. The petitioner stated to have approached this Court and as per the directions given by this Court, the police have given the permission and accordingly, the festival was performed. It is also submitted that some of the village persons have been demanding that unless another temple is constructed in the village, the temple festival shall not be performed by the petitioner.

3.The learned Government Advocate (Crl.side) on the other hand submits that there are two rival groups in the village and one of the groups is raising objections for conducting the festival and a case has been registered in Crime No. 25 of 2023 for the offences under Sections 294(b), 324 and 506(ii) IPC against the group, which has raised objections for conducting the temple festival.

4.If at all the festival is being conducted every alternative year by the villagers in the temple as submitted by the learned counsel for the petitioner, the festival shall be permitted to be continued, as none of the persons in the village can stop the festival, because all the villagers would participate in the temple festival.

5.Considering the circumstances, the respondent No.3 police is directed to dispose of the representation given by the petitioner dated 30.06.2023 considering the fact that the petitioner has been allegedly conducting the festival every alternative years and if at all the submissions made by the petitioner are correct and if there is no law and order problem in the village, the police are directed to accord permission by imposing conditions.

6.With the above direction, this Petition is disposed of. No costs.

Speaking : Yes / No

18.07.2023 NCC : Yes / No Internet : Yes / No Index : Yes / No mm To

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

2.The Inspector of Police, Keeranoor Police Station, Pudukkottai District.

3.The Sub Inspector of Police, Udayalipatti Police Station, Kulathur Taluk, Pudukkottai District.

DR.D.NAGARJUN, J. mm

18.07.2023

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.07.2023 CORAM THE HONOURABLE DR.JUSTICE D.NAGARJUN M.Muthaiah ... Petitioner /vs./ 1.The Superintendent of Police, Office of the Superintendent of Police, Pudukkottai District. 2.The Inspector of Police, Keeranoor Police Station, Pudukkottai District. 3.The Sub Inspector of Police, Udayalipatti Police Station, Kulathur Taluk, Pudukkottai District. ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, to direct the 2nd and 3rd respondents herein to provide adequate police protection during the conduct of the temple festival of Sri Maasathu Ayyanar Temple on 03.08.2023, situated at, Thammavur Village, Kulathur Taluk, Pudukkottai District on the basis of the representation dated 30.06.2023. For Petitioner : Mr.B.Jameel Arasu For Respondents : Mr.SS.Madhavan Government Advocate (Crl.side)