Madras High Court
S.Chinnappan … vs The Superintendent Of Police on 14 June, 2023
W.P.No.17703 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 14.06.2023
CORAM
THE HON'BLE Mr. JUSTICE G.CHANDRASEKHARAN
W.P.No.17703 of 2023
S.Chinnappan …Petitioner
Vs.
1. The Superintendent of Police,
Office of Superintendent of Police,
Cuddalore District-607 001.
2. The Deputy Superintendent of Police,
Office of Deputy Superintendent of Police,
Sethiathoppu,
Cuddalore District-608 702.
3. The Inspector of Police,
Srimushnam Police Station,
Srimushnam,
Cuddalore District-608 703.
4. The Sub-Inspector of Police,
Solatharam Police Station,
Solatharam,
Cuddalore District-608 701. …Respondents
PRAYER: Writ Petition filed under Article 226 of Constitution of India praying
for the issuance of the Writ of Mandamus, directing the respondents 1 to 4 to
Page 1 of 6
https://www.mhc.tn.gov.in/judis
W.P.No.17703 of 2023
consider the petitioner representation dated 06.06.2023 and to provide a Police
Protection for conducting the Temple Car (Chariot Festival) only with 5 idols on
15.06.2023 during the time of hoisting and lowering the flag and pass any such
other order or orders or direction in the form of writ directing the respondents 1 to
4 herein.
For Petitioner : Mr.S.Arokiamaniraj
For Respondents : Mr.Leonard Arul Joseph Selvam
Government Advocate (Crl. Side)
ORDER
This Writ Petition has been filed for the issuance of Writ of Mandamus,
directing the respondents 1 to 4 to consider the petitioner's representation dated
06.06.2023 and to provide a Police Protection for conducting the Temple Car
(Chariot Festival) only with 5 idols on 15.06.2023 during the time of hoisting and
lowering the flag.
2. The learned counsel for the petitioner submitted that the petitioner filed a
suit in O.S.No.74 of 2015 against the Priest one John Britto of St. Antony Church
and four others to declare that the petitioner is entitled to celebrate the Chariot
festival only with 5 chariots and 5 idols. It was decreed ex-parte on 26.11.2015.
Thereafter, there was no efforts made by the defendants to set aside the ex-parte
https://www.mhc.tn.gov.in/judis
W.P.No.17703 of 2023
decree and there was also no appeal filed against the Judgment and Decree passed
in O.S.No.74 of 2015 dated 26.11.2015. Thus, the Judgment and Decree passed in
O.S.No.74 of 2015 dated 26.11.2015 became final. Thereafter, the petitioner was
celebrating the festival without any hindrance from the defendants in O.S.No.74 of
2015. This year, the petitioner apprehends that the defendants in O.S.No.74 of
2015 and some others will cause some problems. Therefore, this petition.
3. In response, the learned Government Advocate (Crl.Side) submitted that
the Tahsildar has seized off this matter and he has scheduled the peace committee
meeting today i.e.14.06.2023, at 04.00 p.m. After the peace committee meeting
appropriate orders will be passed by the Tahsildar for smooth conduct of the
chariot festival.
4. In the light of the rival submissions made by the learned counsel for the
parties, this Court directs the respondents to consider the petitioner's
representation dated 06.06.2023 in the light of the Judgment in O.S.No.74 of 2015
dated 26.11.2015 and pass appropriate orders immediately.
https://www.mhc.tn.gov.in/judis
W.P.No.17703 of 2023
5. With the above directions, this Writ petition is disposed of. No costs.
14.06.2023
mn
Note: Issue order copy on 14.06.2023
Index:Yes/No
Speaking Order: Yes/No
https://www.mhc.tn.gov.in/judis
W.P.No.17703 of 2023
To
1. The Superintendent of Police,
Office of Superintendent of Police,
Cuddalore District-607 001.
2. The Deputy Superintendent of Police,
Office of Deputy Superintendent of Police,
Sethiathoppu,
Cuddalore District-608 702.
3. The Inspector of Police,
Srimushnam Police Station,
Srimushnam,
Cuddalore District-608 703.
4. The Sub-Inspector of Police,
Solatharam Police Station,
Solatharam,
Cuddalore District-608 701.
5. The Public Prosecutor,
High Court of Madras.
https://www.mhc.tn.gov.in/judis
W.P.No.17703 of 2023
G.CHANDRASEKHARAN.J.,
mn
W.P.No.17703 of 2023
14.06.2023
https://www.mhc.tn.gov.in/judis
