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2023 DIGILAW 672 (MAD)

R. Sivakumar v. District Collector Namakkal

2023-03-01

G.CHANDRASEKHARAN

body2023
JUDGMENT (PRAYER: Writ Petition is filed under Article 226 of Constitution of India, pleased to issue a Writ of Mandamus, directing the respondents 1 to 4 herein to give police protection to conduct “Kulatheiva Valipaatu Peruvilaa” and perform pooja in a peaceful manner which is scheduled to be held from 03.03.2023 to 06.03.2023 in “Mayan Kulam Arulmigu Periya Andavar Pudavikari Koil” in view of the petitioners representation dated 27.01.2023 by appreciating the above stated facts.) 1. This petition is filed for seeking direction to the respondents 1 to 4 herein to give police protection to conduct “Kulatheiva Valipaatu Peruvilaa” and perform pooja in a peaceful manner which is scheduled to be held from 03.03.2023 to 06.03.2023 in “Mayan Kulam Arulmigu Periya Andavar Pudavikari Koil” in view of the petitioners representation dated 27.01.2023 2. Heard the learned counsel for the petitioners and learned counsel appearing for the respondents. 3. It is the submission of the learned counsel for the petitioners that already a suit in O.S.No.23 of 2015 was filed on the file of Principal District Munsif Court, Thiruchengode, wherein, interlocutory application No.47 of 2016 was filed seeking injunction. In the said suit, there was a settlement reached between the parties. First petitioner is one of the defendants/respondents in I.A.No.47 of 2016. As per the settlement reached, petitioners are also entitled to perform poojas in Mayan Kulam Arulmigu Periya Andavar Pudavikari Koil. Thereafter, the temple festival had been conducted without any issue until now. When the petitioners made arrangements to conduct Mayan Kulam Arulmigu Periya Andavar Pudavikari Kuladheiva pooja, and scheduled to be held from 03.03.2023 to 06.03.2023, private respondents started objecting that. Petitioners made all the necessary arrangements for performing pooja. In the said circumstances, this petition is filed. 4. The learned counsel for the private respondents namely respondents 5 to 16 submitted that respondents 5 to 16 are ready to observe the terms of the settlement reached in I.A.No.47 of 2016 in O.S.No.23 of 2015 and perform the pooja. 5. It is also submitted by the learned Government Advocate (Criminal side) that this matter is referred before RDO, Tiruchencode, and it is pending. 6. In the light of the submissions made above, this Court directs the RDO, Tiruchencode, to immediately conduct an enquiry tomorrow. 5. It is also submitted by the learned Government Advocate (Criminal side) that this matter is referred before RDO, Tiruchencode, and it is pending. 6. In the light of the submissions made above, this Court directs the RDO, Tiruchencode, to immediately conduct an enquiry tomorrow. (i.e. on 02.03.2023) and decide the matter on the basis of the settlement entered into between the parties in I.A.No.47 of 2016 in O.S.No.27 of 2015 and pass orders. On the basis of the orders passed by the RDO, Tiruchencode, respondent Police is directed to dispose the petitioner''s representation dated 27.01.2023, seeking Police protection. 7. With the above direction, this Writ Petition is disposed of. No costs. and W.M.P.No.4630 of 2023.