Madras High Court
Murugappan vs The Superintendent Of Police on 1 July, 2022
Author: V.Sivagnanam
Bench: V.Sivagnanam
W.P(MD)No.13900 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 01.07.2022
CORAM :
THE HONOURABLE MR.JUSTICE V.SIVAGNANAM
W.P(MD)No.13900 of 2022
Murugappan ...Petitioner
Vs.
1. The Superintendent of Police,
O/o. the Superintendent of Police,
Musiri,
Trichy District.
2.The Deputy Superintendent of Police,
O/o. the Deputy Superintendent of Police,
Musiri,
Trichy District.
3.The Inspector of Police,
Musiri Police Station,
Trichy District. ...Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of
India, praying this Court to issue a Writ of Mandamus directing the
respondents to grant necessary permission and protection to conduct the
tonsuring ceremony (Nerthikadan) on 06.07.2022 in pursuant to the
Ceremony of Arulmigu Shri Mahamariamman Temple and above said
ceremony is to be conducted at Shri Mahaamariamman Temple, Chittlarai
Village, Musiri Taluk, Trichy District by considering the petitioner's
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https://www.mhc.tn.gov.in/judis
W.P(MD)No.13900 of 2022
representation dated 28.06.2022.
For Petitioner : Mr. A. Joel Paul Antony
For Respondents : Mr.M.Sakthi Kumar
Government Advocate (Crl.side)
ORDER
This writ petitioner filed this Writ Petition seeking for issuance of a Writ of Mandamus directing the respondents to grant necessary permission and protection to conduct the tonsuring ceremony (Nerthikadan) on 06.07.2022 in pursuant to the Ceremony of Arulmigu Shri Mahamariamman Temple and above said ceremony is to be conducted at Shri Mahamariamman Temple, Chittlarai Village, Musiri Taluk, Trichy District, by considering the petitioner's representation dated 28.06.2022.
2.Mr.M. Sakthikumar, learned Government Advocate (Criminal Side) takes notice for the respondents. By consent, this writ petition is taken up for final disposal at the admission stage itself. 2/5 https://www.mhc.tn.gov.in/judis W.P(MD)No.13900 of 2022
3. The learned counsel appearing for the petitioner submitted that he wants to conduct tonsuring ceremony (Nerthikadan) on 06.07.2022 in pursuant to the Ceremony of Arulmigu Shri Mahamariamman Temple situated at Chittlarai Village, Musiri Taluk, Trichy District. Further, he seeks protection from the respondent based on his representation, dated 28.06.2022. Since no order was passed, the petitioner has come before this Court for the above said relief.
4.The learned Government Advocate (criminal side) appearing for the respondent police would submit that there was a community problem between five community peoples. The Revenue Divisional Officer, Musiri Taluk, by an order, dated 21.06.2022 banned to conduct the car festival in the temple. Therefore, by an apprehension, the petitioner gave a representation, dated 28.06.2022 seeking permission and protection to conduct the tonsuring ceremony on 06.07.2022 in the above said temple.
5. On perusal of the records, this Court is of the view that no temple has to be closed on the ground of Law and Order problem and the pooja of the temple has to be conducted, for which the police and the 3/5 https://www.mhc.tn.gov.in/judis W.P(MD)No.13900 of 2022 Revenue Department has to give adequate protection for conducting daily temple poojas. Therefore, by stating the Law and Order problem the police and the Revenue Department has no power to close the temple. Therefore, this Court directs the 3rd respondent to consider the representation of the petitioner dated 28.06.2022 and take suitable action.
6. With the above direction, this writ petition is disposed of. No cost.
01.07.2022 Index :Yes/No Internet: yes / No trp Note : Issue order copy on 01.07.2022 To
1. The Superintendent of Police, O/o. the Superintendent of Police, Musiri, Trichy District.
2.The Deputy Superintendent of Police, O/o. the Deputy Superintendent of Police, Musiri, Trichy District.
3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
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