U. Gomathi Muthu Rani v. Superintendent of Police, Tirunelveli
2015-01-30
B.RAJENDRAN
body2015
DigiLaw.ai
Judgment :- 1. The Writ Petition has been filed seeking for a Mandamus directing the respondents to provide adequate police protection, with sufficient police force to the petitioner during the time of the celebrations of “Masi Sivarathiri” at “Shri Ullamudaiyar Sastha Kovil” in Nelkattumseval Village, Sivagiri Taluk, Tirunelveli District, on 17.02.2015 and 18.02.2015 to conduct the festival with all customary practices and ceremonies, which is being followed for all these years. 2. The case of the petitioner is that in earlier occasions there was a Peace Committee Meeting for conducting the aforesaid festival. Inspite of that, there was a chaos in the Village. In order to avoid such trouble, the petitioner approached the respondent police for police protection. But, it did not evoke any response. Hence, she has come forward with the present Writ Petition. 3. The learned counsel appearing for the petitioner would submit that insofar as performing Mulaipari or any other special honour to the petitioner and for their family members, it will be the subject matter before the Hindu Religious and Charitable Endowment Department, as it is delegated to a separate proceedings by the Civil Court concerned in I.A.No.399 of 2013 in O.S.No.73 of 2013. However, the petitioner wants to have the smooth conducting of the festival with the guidance of the Revenue Divisional Officer, Tenkasi. Further, he would contend that taking advantage of the fact that the fourth respondent being a Councilor of the area concerned, he should not hamper the peaceful conduct of the temple festival. 4. Per contra, the fourth respondent would contend that earlier civil suit claiming certain civil rights including the first honour and other religious rights have been dismissed by the Civil Court in which the petitioner's husband is a party to the proceedings He would also contend that he has no objection for the smooth conduct of festival and granting of police protection for such festival. His only contention is that under the guise of seeking police protection, she and her family members should not claim any civil rights at a later point of time. Earlier though Writ Petitions were filed, the relief had become infructuous. 5. At this juncture, both parties agree that there shall not any first honour to anybody else and their intention is to conduct the festival in a peaceful manner. 6.
Earlier though Writ Petitions were filed, the relief had become infructuous. 5. At this juncture, both parties agree that there shall not any first honour to anybody else and their intention is to conduct the festival in a peaceful manner. 6. Since the petitioner seeks police protection especially the precious jewels belonging to the temple has to be taken from the petitioner's house to the temple and function has to be conducted smoothly, the respondent will give police protection for the smooth conduct of the festival as per the undertaking given by the petitioner as well as the fourth respondent before this Court. The respondent police will also provide necessary police protection for taking the jewels from the house of the petitioner and sending it back to her house. The respondent police is directed to pass appropriate orders within a period of one week from the date of receipt of a copy of this order. It is made clear that there will not be any special honour to the petitioner or anybody else in connection with the temple festivals. All the villagers will participate in the temple function and celebrate it in a peaceful manner without causing any commotion. 7. With the above direction, this Writ Petition stands disposed of. Consequently, the connected miscellaneous petition is closed. No costs.