Madras High Court
R.Thirumurugan vs The District Collector on 3 February, 2023
Author: G.Chandrasekharan
Bench: G.Chandrasekharan
W.P.No.3103 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 03.02.2023
CORAM
THE HONOURABLE MR.JUSTICE G.CHANDRASEKHARAN
W.P.No.3103 of 2023
R.Thirumurugan ... Petitioner
-vs-
1.The District Collector,
Office of the District Collector,
Villupuram,
Villupuram District.
2.The Superintendent of Police,
Villupuram,
Villupuram District.
3.The Deputy Superintendent of Police,
(Gingee Sub Division),
Gingee, Villupuram District.
4.The Tahsildar,
Office of the Tahsildar,
Gingee,
Villupuram District.
5.The Inspector of Police,
Gingee Police Station,
Villupuram District. ... Respondents
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https://www.mhc.tn.gov.in/judis
W.P.No.3103 of 2023
Prayer: Writ Petition has been filed under Article 226 of the Constitution of
India to issue a writ of Mandamus, directing the respondents particularly the
Deputy Superintendent of Police, Gingee, Sub Division, Gingee, the Tahsildar,
Gingee. The Inspector of Police, Gingee Police Station, Villupuram District
the 3rd to 5th respondents to consider the representation of the petitioner dated
09.01.2023 forwarded to the respondents seeking police protection for the 78th
year Thaipoosa Temple Festival to the Valli Theivanai and Surbamaniaswamy
(Murugan) temple situated at Thaiyur Village, Vallam Union, Gingee Taluk for
the peaceful celebration of the above temple festival on 05.02.2023,
06.02.2023, (Sunday), (Monday) respectively.
For Petitioner : Mr.K.Balakrishnan
For Respondents : Mr.S.Santhosh
Government Advocate (Crl.side)
ORDER
The Writ Petition has been filed to directing the respondents particularly the Deputy Superintendent of Police, Gingee, Sub Division, Gingee, the Tahsildar, Gingee. The Inspector of Police, Gingee Police Station, Villupuram District the 3rd to 5th respondents to consider the representation of the petitioner dated 09.01.2023 forwarded to the respondents seeking police protection for the 78th year Thaipoosa Temple Festival to the Valli Theivanai Page 2 of 8 https://www.mhc.tn.gov.in/judis W.P.No.3103 of 2023 and Surbamaniaswamy (Murugan) temple situated at Thaiyur Village, Vallam Union, Gingee Taluk for the peaceful celebration of the above temple festival on 05.02.2023, 06.02.2023, (Sunday), (Monday) respectively.
2. The learned counsel for the petitioner submitted that the petitioner is the President of Thaiyur Panchayat Gingee Taluk, Villupuram District. Every year the Panchayat used to celebrate temple festival for Arulmighu Valli Theivanai Murugapperumanswamy in Thaiyur Village. This year, Thaipoosa Festival is proposed to be celebrated on 05.02.2023 and 06.02.2023. The petitioner gave a representation dated 09.01.2023, for seeking police protection. So far, no action has been taken, necessitating filing of this Writ petition.
3. He further submitted that, one R.Thennarasu, representing himself as President of Arulmigu Sivasubramaniyar Alayam, Thaipoosa Thiruvizha Kuzhu has filed W.P.No.2067 of 2023, seeking police protection for celebrating Thaipoosa Festival on 04.02.2023 to 06.02.2023. This Court, by considering the Peace Committee Meeting which was held on 31.01.2023, Page 3 of 8 https://www.mhc.tn.gov.in/judis W.P.No.3103 of 2023 directed the respondent to take appropriate action on the representation of the petitioner in W.P.No.2067 of 2023, on the basis of the outcome of the Peace Committee Meeting.
4. Mr.K.Sathiyavel, representing on behalf of Mr.M.Gnanasekar, learned counsel for the petitioner in W.P.No.2067 of 2023 is present.
5. Now, it is submitted by the learned counsel for the petitioner in W.P.No.3103 of 2023 and learned counsel, Mr.K.Sathiyavel in W.P.No.2067 of 2023 that, both the parties have come to a compromise, whereby it is agreed that the petitioner in W.P.No.2067 of 2023 would celebrate Thaipoosa Festival on 06.02.2023 and 07.02.2023 and the petitioner in W.P.No.3103 of 2023 would celebrate Thaipoosa Festival on 08.02.2023 and 09.02.2023.
6. It is also suggested by the learned counsel for the petitioner in W.P.No.3103 of 2023 that, for future festivals, dates may be allotted to the parties by drawing lots. This Court is of the view that, it is for the parties to Page 4 of 8 https://www.mhc.tn.gov.in/judis W.P.No.3103 of 2023 take forward this suggestion.
7. The learned Government Advocate (Criminal Side) submitted that, in the light of the submission made by the learned counsel appearing for the parties, suitable direction may be issued to the respondent police for passing appropriate orders.
8. In view of the submission of the learned counsel for the petitioner in W.P.No.3103 of 2023 and Mr.K.Sathiyavel, learned counsel appearing on behalf of Mr.M.Gnanasekar, learned counsel for the petitioner in W.P.No.2067 of 2023, this Court directs that, the petitioner in W.P.No.2067 of 2023 may be given permission for conducting Thaipoosa Festival on 06.02.2023 and 07.02.2023 and the petitioner in W.P.No.3103 of 2023 may be given permission to conduct Thaipoosa Festival on 08.02.2023 and 09.02.2023. The respondent police is directed to give adequate police protection on the basis of their representation.
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9. With the above directions, this Writ Petition is disposed of. No costs.
03.02.2023 Index:Yes/No Speaking/Non-speaking order Neutral Citation Case:Yes/No gd Note:Issue order copy on 03.02.2023.
To Page 6 of 8 https://www.mhc.tn.gov.in/judis W.P.No.3103 of 2023
1.The District Collector, Office of the District Collector, Villupuram, Villupuram District.
2.The Superintendent of Police, Villupuram, Villupuram District.
3.The Deputy Superintendent of Police, (Gingee Sub Division), Gingee, Villupuram District.
4.The Tahsildar, Office of the Tahsildar, Gingee, Villupuram District.
5.The Inspector of Police, Gingee Police Station, Villupuram District.
6.The Public Prosecutor, High Court, Madras.
G.CHANDRASEKHARAN, J., Page 7 of 8 https://www.mhc.tn.gov.in/judis W.P.No.3103 of 2023 gd W.P.No.3103 of 2023 03.02.2023 Page 8 of 8 https://www.mhc.tn.gov.in/judis