Chinnaiah vs The Superintendent Of Police
2023 Latest Caselaw 3926 Mad

                                                                          W.P(MD)No.8006 of 2023


                           BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                              DATED:06.04.2023

                                                     CORAM :

                                  THE HONOURABLE MR.JUSTICE G.ILANGOVAN

                                            W.P(MD)No.8006 of 2023

                     Chinnaiah                                        ... Petitioner

                                                       Vs.

                     1.The Superintendent of Police,
                       Madurai, Madurai District.

                     2.The Inspector of Police,
                       Kottampatti Police Station,
                       Madurai District.

                     3.Mr.Sankar                                             ... Respondents

                     PRAYER: Writ Petition filed under Article 226 of the Constitution of
                     India, praying this Court to issue a Writ of Mandamus, directing the 2nd
                     respondent to grant permission to the petitioner's village temple of Mel
                     Manthai Arulmigu Sree Mariamman Temple situated at Siyanthanpatti
                     Village Ayyapatti Post, Melur Taluk, Madurai District, to perform the
                     festivals on 10.04.2023 conducting poojas and Swamy Oorvalam and to
                     provide adequate police protection in the eve of the general public
                     festival in the light of the order of this High Court in WP(MD) No.
                     6364/2023 dated 27.03.2023.




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                                                                                    W.P(MD)No.8006 of 2023


                                        For Petitioner       : Mr.K.Muraleedharan
                                        For Respondents      : Mr.S.Manikandan
                                                               Government Advocate (Crl. Side)

                                                            ORDER

The writ petitioner filed this Writ Petition seeking for issuance of a

Writ of Mandamus directing the 2nd respondent to grant permission to

the petitioner's village temple of Mel Manthai Arulmigu Sree

Mariamman Temple situated at Siyanthanpatti Village Ayyapatti Post,

Melur Taluk, Madurai District, to perform the festivals on 10.04.2023

conducting poojas and Swamy Oorvalam and to provide adequate police

protection in the eve of the general public festival in the light of the order

of this High Court in WP(MD) No. 6364/2023 dated 27.03.2023.

2.The writ petition W.P.(MD).No.6364 of 2023, was filed by this

petitioner seeking direction, that was considered by the order dated

27.03.2023, directing the respondent herein to consider the

representation of the petitioner in the light of the circular memorandum

in Rc.007301/Genl.I (1)/2019, dated 09.04.2019, issued by the Director

General of Police, Tamil Nadu, Chennai.

https://www.mhc.tn.gov.in/judis W.P(MD)No.8006 of 2023

3.Now this petition has been filed stating that all the arrangements

have been made for the above said celebration and even though the third

respondent who is making objection was available and agreed for the

above said arrangement, the representation that was made by the

petitioner has not been considered so far and has been kept pending by

the second respondent without passing any orders.

4.It is further submitted that the father of the third respondent filed

a suit in O.S.No.23 of 2006 before the learned District Munsif, Melur

and that was dismissed. Subject matter of the suit was the right of the

pooja and management of the temple. Against which, he preferred an

appeal in A.S.No.32 of 2013 before the I Additional Sub Judge, Madurai

and that was also dismissed by confirming the Judgment passed by the

trial Court. According to the learned counsel for the petitioner, since the

father of the third respondent lost his right in the civil proceedings, now

the third respondent making trouble.

5.Let the third respondent be enquired by the second respondent

and pass orders on the representation made by the petitioner. Depending

upon the outcome of the above said enquiry, further action may be taken

https://www.mhc.tn.gov.in/judis W.P(MD)No.8006 of 2023

by the petitioner or by the second respondent. At the time of enquiry, the

second respondent may taken into account the civil court decree that has

been passed against the third respondent, since he cannot make any

trouble now.

6.With the above directions, this writ petition stands disposed of.

No costs.

06.04.2023 NCC :Yes/No Index :Yes/No Internet : Yes/ No TM

Note : Issue order copy today (06.04.2023)

To

1.The Superintendent of Police, Madurai, Madurai District.

2.The Inspector of Police, Kottampatti Police Station, Madurai District.

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

https://www.mhc.tn.gov.in/judis W.P(MD)No.8006 of 2023

G.ILANGOVAN, J

TM

Order made in W.P(MD)No.8006 of 2023

Dated :06.04.2023

https://www.mhc.tn.gov.in/judis