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2016 Supreme(Mad) 270

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
P.N. PRAKASH, J.

M.K. Vijayakumar – Petitioner
Vs.
Superintendent of Police Madurai District – Respondent
W.P. (MD) Nos. 3862 & 4304 of 2016
Decided On : 04-03-2016

Advocates Appeared:
For the Petitioner: Mr. R.R. Kannan, Mr. S. Gokul Raj and Mr. R. Vijayakumar.
For the Respondent: Mr. D. Muruganandam, Mr. S. Palanivelayutham and Mr. S. Palanivelayutham.

The court balanced the right to police protection for temple festivals with the restrictions on specific individuals conducting the festival due to a pending civil suit.

Headnote:

Police Protection - Temple Festival - The court directed the respondents to provide police protection for the celebration of temple festivals and permitted specific individuals to conduct the festival in a peaceful manner, with restrictions on carrying certain items due to a pending civil suit.

Fact of the Case:

The petitioners sought police protection for the customary celebration of temple festivals, while specific individuals were permitted to conduct the festival with restrictions due to a pending civil suit.

Finding of the Court:

The court directed the respondents to provide police protection and permitted specific individuals to conduct the festival with restrictions, considering the pending civil suit.

Issues: Police protection for temple festival celebration, permission for specific individuals to conduct the festival, and restrictions due to a pending civil suit.

Ratio Decidendi: The court balanced the need for police protection with the restrictions on specific individuals conducting the festival due to the pending civil suit.

Final Decision: The court disposed of the writ petitions by directing the respondents to provide police protection and permitting specific individuals to conduct the festival with restrictions due to the pending civil suit.

ORDER :


1. The petitioner in W.P. (MD) No. 3862 of 2016 has filed this writ petition, seeking a direction to the respondents to provide adequate police protection to the petitioners on the basis of the petitioners representation dated 08.02.2016, while lifting the "Petti Samy" during the customary and conventional celebration of Masi Maha Sivarathiri festival to be conducted in Moonusamy @ Virumandisamy Temple situated at Thanakkankulam Village, Thirupparankundram, Taluk, Madurai District scheduled on 07.03.2016.

2. The petitioner in W.P. (MD) No. 4304 of 2016 has filed this writ petition, seeking a direction to the Respondents 1 and 2 to provide police protection for celebration of the temple festival of the Arulmigu Muniyasamy @ Virumbandi Petti Kovil on 07.03.2016 in the traditional manner by lifting the age old holy box kept in the petitioners residence in accordance with the understanding asper registered Document No. 5836 of 1958 based on the representation of the petitioner dated 24.02.2016.

3. In both these writ petitions, V.K. Alaguthevan has been arrayed as a party respondent. Learned counsel appearing for V.K. Alaguthevan submitted that his client has decided not to stake his claim for celebrations and has left it to Mr. M.K. Vijayakumar and Mr. M. Pandi to conduct the festival in a peaceful manner, but without touching or carrying Virumandi Swami, Muthukaruppana Swami, Pechiyamman Swami and Virumandi Swami Petti (Petti Samy) and also any other Swami in the guise of Petti Samy. Learned counsel for Mr. M.K. Vijayakumar and Mr. M. Pandi have agreed for this proposal.

4. Recording the undertaking given by them, by following the earlier orders passed by this Court in CRL O.P. (MD) Nos. 140, 188 and 233 of 2015 dated 09.01.2015, Mr. M.K. Vijayakumar and his party are permitted to conduct the festival on 07.03.2016 between 10:00 am and 01:00 pm. Similarly, Mr. M. Pandi and his group are permitted to conduct the festival between 02:00 pm and 05:00 pm on 07.03.2016. Both the parties shall not carry Petti Samy or any other Sami, since there is a civil suit pending with regard to that. The respondent police are directed to give adequate protection to them as aforesaid.

5. Though V.K. Alaguthevan has stated that his client is not staking his claim for celebrating the festival, yet he and his group should not be prevented from worshipping the deities on 07.03.2016 on the Masi Maha Sivarathiri festival.

With the above direction, these Writ Petitions are disposed of.


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