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2018 DIGILAW 1095 (MAD)

R. Jegan v. Superintendent of Police, Kanyakumari District, Nagercoil

2018-03-16

P.RAJAMANICKAM

body2018
JUDGMENT : 1. This writ petition has been filed to quash the order passed by the second respondent dated 26.02.2018 and consequently direct the second respondent to give permission and police protection for procession with Utchava Moorthy Deities of Naduthanavilai Arulmigu Bhadreswari Amman Temple, Vazhudur Vadakku, Amsi, Thengapattinam, Kanyakumari District carrying on the top of the Elephants and visit the sea situated at Thengapattinam through Amsi mainn road and dip and bath the Deities in the sea and collect holy sea water and again return back to the temple and use the said water for performing Poojas in the temple on the last day of Panguni Festival which is scheduled on 27.03.2018 between 04.30 p.m., and 08.00 p.m., as per the Panguni Festival Programme schedule on the basis of the petitioner's representation made before the respondents herein dated 19.02.2018. 2. The learned counsel for the writ petitioner submitted that the Naduthanavilai, Arulmigu Bhadreswari Amman Temple is a famous temple, which is in existence for more than 150 years. The devotees in and around the temple belonging to Hindu Religion and also from other religions used to worship in this temple. Every year, the yearly festival will be conducted during the month of March and this year also the temple committee has decided to conduct the Panguni Festival from 21.03.2018 to 27.03.2018, with rituals and poojas as per the rites and customs of the temple. 3. It is further submitted that as a part of the yearly festival, on the final day of the festival, procession will be conducted with the Utchava Moorthy Deities of Naduthanavilai Arulmigu Bhadreswari Amman Temple carrying on the top of the elephants and visit the sea situated at Thengapattinam and dip and bath the Deities in the sea and collect the holy sea water and again return back to the temple and use the said water for performing poojas in the temple and hence, the writ petitioner has submitted a representation on 19.02.2018 seeking permission and also to provide police protection. The second respondent has passed an order dated 26.02.2018, directing the that petitioner can take the procession up to the Thengapattinam check post, but denied permission for taking the procession up to the seashore along with the elephants. 4. The second respondent has passed an order dated 26.02.2018, directing the that petitioner can take the procession up to the Thengapattinam check post, but denied permission for taking the procession up to the seashore along with the elephants. 4. The learned counsel for the petitioner further submitted that in the last year also, the second respondent has passed a similar kind of order and the same was challenged before this Court by filing writ petition in W.P.(MD) No.4757 of 2017, in which this Court passed an order, directing the writ petitioner to give a fresh representation to the third respondent and on such representation being given, police may fix any route for the temple procession, as they deem it fit in the given circumstances of the case and dispose of the representation. 5. He further submitted that since the said order was passed on 20.03.2017 and due to paucity of time the Inspector of Police, Puthukadai Police Station, Puthukadai, Kanyakumari District has orally permitted the petitioner to conduct procession up to the seashore and hence, for this year also the Inspector of Police also may be directed to give the same kind of permission. 6. The learned Government Advocate for the respondents submitted that in the last year no such oral permission was granted to the writ petitioner to conduct the procession up to the seashore. In the last year, the writ petitioner was permitted to conduct procession only up to the check post and the elephants and band set were not permitted to go up to seashore and hence, he strongly opposed this petition. 7. When this matter came up for hearing yesterday, this Court directed the respondents to produce a copy of the order, which was issued by the Inspector of Police, Puthukadai Police Station, Puthukadai, Kanyakumari District in the last year. Today, the respondents have not produced a copy of the order, which was issued by the Inspector of Police, Puthukadai Police Station, Puthukadai, Kanyakumari District in the last year and the writ petitioner also has not produced any order. However, according to the writ petitioner only an oral order was issued, permitting the petitioner to conduct the procession with elephants and band set up to the seashore. However, according to the writ petitioner only an oral order was issued, permitting the petitioner to conduct the procession with elephants and band set up to the seashore. So, based on the said representation, this Court cannot give any specific direction to the Inspector of Police, Pudukadai Police Station, Kanyakumari District, to permit the petitioner to conduct the procession with elephants and band set up to the seashore. 8. The order passed by this Court in W.P.(MD) No.4757 of 2017 shows that this Court has not given any specific direction to the Inspector of Police, Pudukadai Police Station, Kanyakumari District to permit the petitioner to conduct the procession along with the elephants and band set up to the seashore. On the contrary, it has directed the writ petitioner to submit a fresh representation to the Inspector of Police, Pudukadai Police Station, Kanyakumari District and on such representation, the police may fix any route for the temple procession as they deem fit in the given circumstances of the case and dispose of the representation. Therefore, the petitioner cannot now seek any specific direction to direct the Inspector of Police, Pudukadai Police Station, Kanyakumari District to permit the petitioner to conduct the procession along with the elephants and band set up to the seashore. 9. A perusal of the order passed by the Inspector of Police, Pudukadai Police Station, Kanyakumari District, shows that he has not stated any reason for denying the permission to the petitioner for taking elephants and band set up to seashore and therefore, the said order is quashed. The Inspector of Police, Pudukadai Police Station, Kanyakumari District is directed to consider the petitioner's representation dated 19.02.2018 and pass orders citing the reasons on or before 19.03.2018. 10. With the aforesaid direction, the writ petition is disposed of. No Costs.