Back
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
K. MURALI SHANKAR, J.
Sritharan – Appellant
Versus
The Superintendent of Police, Kanyakumari & Others – Respondents
W.P(MD)No. 4692 of 2023
Decided On : 03-03-2023
Writ Petition - Police Protection for Temple Festival - The court directed the respondents to provide police protection for a temple festival based on the petitioner's representation and a circular issued by the Director General of Police, Tamil Nadu.
Fact of the Case:
The writ petitioner sought a Writ of Mandamus to direct the respondents to provide police protection for a temple festival at a specific location, as the representation for the protection was not considered by the third respondent.
Finding of the Court:
The court directed the third respondent to consider the petitioner's representation and pass orders based on a circular issued by the Director General of Police, Tamil Nadu.
Issues: Failure to consider representation for police protection for a temple festival.
Ratio Decidendi: The court's decision was influenced by the need to ensure adequate police protection for the temple festival, as well as the circular issued by the Director General of Police, Tamil Nadu.
Final Decision: The writ petition stands disposed of with the direction to provide police protection for the temple festival.
JUDGMENT
(Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents 1 to 3 herein to provide adequate police protection for conducting Temple festival from 03.03.2023 to 04.03.2023 at Thagapathi Ayya Kovil, Keezhapalkinathan Villai Pozhikarai (post), Kannyakumari District on the basis of the petitioner''s representation, dated 25.02.2023 within the time stipulated by this Court.)
1. The writ petitioner filed this Writ Petition seeking for issuance of a Writ of Mandamus, to direct the respondents herein to provide adequate police protection for conducting Temple festival from 03.03.2023 to 04.03.2023 at Thagapathi Ayya Kovil, Keezhapalkinathan Villai Pozhikarai (post), Kannyakumari District on the basis of the petitioner''s representation, dated 25.02.2023 within the time stipulated by this Court.
2. Mr.E.Antony Sahaya Prabahar, learned Additional Public Prosecutor takes notice for the respondents. By consent, this writ petition is taken up for final disposal at the admission stage itself.
3. The learned counsel appearing for the writ petitioner submitted that Temple festival of Thagapathi Ayya Kovil, Keezhapalkinathan Villai Pozhikarai (post), Kannyakumari District, is going to be held on 03.03.2023 and 04.03.2023. In that regard, they sought police protection by giving a representation dated 25.02.2023. But, the third respondent has not considered the said representation. Since no order was passed, the writ petitioner has come before this Court for the above said relief.
4. The learned Additional Public Prosecutor appearing for the respondents would submit that one C.Rajasekaran, Son.R.Chellappan, has given an objection letter stating that the civil suit is pending between the parties and three criminal cases were already registered and that nobody should be permitted to put any arch or any other structure in his own land.
5. At this juncture, the learned counsel appearing for the writ petitioner would submit that they are ready to file an undertaking affidavit in this regard.
6. In view of the above submissions made by the learned counsel for the petitioner and also the learned Additional Public Prosecutor, the third respondent is directed to consider the petitioner''s representation, dated 25.02.2023 and pass orders today itself based on the circular issued by the Director General of Police, Tamil Nadu, Chennai in Rc.007301/Genl.I (1)/2019, dated 09.04.2019.
7. With the above direction, this writ petition stands disposed of. No costs.
The court has the authority to direct the consideration of representations for police protection for public events, based on relevant official circulars.
Statutory authorities must consider representations on merits timely; inaction justifies Article 226 mandamus.
The Court may grant permission for religious festivals despite pending rival claims by allowing participation for prayer purposes while relegating the determination of ultimate control to independent....
Court directs police to enquire and provide protection for traditional temple festivals if conducted peacefully.
Temple administration disputes resolved via civil suit; writ court directs peace committee for peaceful festival with police protection.
The court determined that police protection for a temple festival cannot be granted due to a pending civil suit over the temple's administration, yet allowed the festival to proceed under cooperative....
Statutory authorities must consider representations on merits within reasonable time; courts can direct under Article 226.
Court defers police protection for temple festival to Revenue Divisional Officer’s enquiry resolution on rival claims.
The state has an obligation to ensure public safety during religious events, facilitating worshipers' participation.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
