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2025 DAILYLAW 120809 (MAD)

Muniyasamy v. The Revenue Divisional Officer

WP(MD)/3494/2025 · 2025-02-07

P Dhanabal

Transfer Petitionbody2025

Judgment text

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W.P.(MD) No. 3494 of 2025 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 07.02.2025 CORAM: THE HONOURABLE MR.JUSTICE P.DHANABAL W.P(MD) No.3494 of 2025 Muniyasamy ... Petitioner vs. 1.The Revenue Divisional Officer, Revenue Divisional Office, Sathur, Virudhunagar. 2.The Deputy Superintendent of Police, Virudhungar. 3.The Inspector of Police, Elayirampannai Police Station, Elayirampannai, Virudhunagar. 4.The Sub Inspector of Police, Elayirampannai Police Station, Elayirampannai, Virudhunagar. ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of _____________ Page No. 1 of 6 https://www.mhc.tn.gov.in/judis W.P.(MD) No. 3494 of 2025 India to issue a Writ of Certiorarified Mandamus, to call for the records of the impugned order dated 06.09.2024 passed by the fourth respondent, quash the same and consequently, direct the respondents to give permission and provide police protection for conducting temple festival of “Arulmigu Angala Easwari Temple” situated at Elayirampannai, Vembakottai Taluk, Virudhunagar on 10.02.2025 to 12.02.2025 or any other dates. For petitioner : Mr.R.Murugappan For Respondents : Mr.M.Senthil Ayyanar Government Advocate for R1 Mr.R.M.Anbunithi Additional Public Prosecutor for R2 to R4 ***** O R D E R With consent of both parties, this petition is taken up for disposal at the time of admission itself. 2. This petition has been filed by the petitioner to quash the impugned order dated 06.09.2024 and consequently, direct the respondents to give permission and provide police protection to conduct temple festival of “Arulmigu Angala Easwari Temple” situated at _____________ Page No. 2 of 6 https://www.mhc.tn.gov.in/judis W.P.(MD) No. 3494 of 2025 Elayirampannai, Vembakottai Taluk, Virudhunagar on 10.02.2025. 3. Mr.M.Senthil Ayyanar, the learned Government Advocate takes notice for the first respondent. Mr.R.M.Anbunithi, the learned Additional Public Prosecutor takes notice for the respondents 2 to 4. 4. According to the petitioner, he is the Secretary of Visvakarma Hand Weavers Association, Elayirampannai village. They purchased a land in survey No.36 and built a temple, namely, Arulmigu Angala Easwari Temple for Visvakarma community. While so, for conducting special poojas, temple festival and distributing annathanam, on 08.09.2024, he made an application before the fourth respondent police. The fourth respondent gave permission with conditions through order, dated 06.09.2024. But, on some filmsy ground, the fourth respondent refused the permission through his order, on the same day, i.e., 06.09.2024. Therefore, he challenged this order. 5. The learned Government Advocate appearing for the first respondent would submit that there are rival groups claiming right over the temple to conduct festivals. Therefore, they, in order to avoid law and _____________ Page No. 3 of 6 https://www.mhc.tn.gov.in/judis W.P.(MD) No. 3494 of 2025 order problem, refused to give permission and the rival claimants also have not objected to worship the god. But, in order to take special poojas and Kumbabisekam, after consulting the villagers only, it has to be done. Therefore, they refused to grant permission. 6. This Court heard both sides and perused the records. 7. The petitioner is the Secretary of Visvakarma Hand Weavers Association, Elayirampannai and he want to perform special poojas in Arulmigu Angala Easwari Temple and to perform annathanam. For that purpose, he sought for permission before the fourth respondent police, but they refused the same. However, he challenged the said order through appeal before the second respondent, who is the competent authority. 8. Since already fourth respondent has passed an order declining permission and the same is now challenged before the second respondent, it is for the second respondent to pass appropriate orders. Therefore, the second respondent is directed to pass appropriate orders as early as possible, if any representation made by the petitioner pending before him immediately, by hearing of the concerned parties in accordance with law. _____________ Page No. 4 of 6 https://www.mhc.tn.gov.in/judis W.P.(MD) No. 3494 of 2025 9. With the above observations, this Writ Petition is disposed of. No costs. 07.02.2025 NCC : Yes/No Index : Yes / No Internet : Yes / No apd To 1.The Revenue Divisional Officer, Revenue Divisional Office, Sathur, Virudhunagar. 2.The Deputy Superintendent of Police, Virudhungar. 3.The Inspector of Police, Elayirampannai Police Station, Elayirampannai, Virudhunagar. 4.The Sub Inspector of Police, Elayirampannai Police Station, Elayirampannai, Virudhunagar. _____________ Page No. 5 of 6 https://www.mhc.tn.gov.in/judis W.P.(MD) No. 3494 of 2025 P.DHANABAL,J apd W.P(MD) No. 3494 of 2025 07.02.2025 _____________ Page No. 6 of 6 https://www.mhc.tn.gov.in/judis