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2025 DAILYLAW 167632 (MAD)

A.Thavamani v. The State of Tamil Nadu

WP Crl.(MD)/1753/2025 · 2025-10-15

Sunder Mohan

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

WP CRL.(MD). No.1753 of 2025 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 15/10/2025 CORAM THE HONOURABLE MR. JUSTICE SUNDER MOHAN WP CRL.(MD). No.1753 of 2025 A.Thavamani ... Petitioner Vs 1.The State of Tamil Nadu, Rep by The Superintendent of Police, Madurai District. Madurai. 2.The Inspector of Police, Valandhur Police Station, Thoothukudi District.. 3. The Tahsildar, Usilampatti Taluk, Madurai District. 4.Poonangan S/o.Periyamayathevar ... Respondents (4th respondent impleaded vide Court order dated 15.10.2025 in W.M.P.Crl.(MD)No.420 of 2025) Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, to direct the second respondent to provide adequate police protection and also to permit the 1/6 https://www.mhc.tn.gov.in/judis WP CRL.(MD). No.1753 of 2025 petitioner and the villagers to conduct Vinayakar Temple Purataasi Pongal Vizha Festival, scheduled to be conducted on 17.10.2025 and the petitioner his villagers and devotees of Vinayakar Temple, based on the petitioner's representation dated 09.10.2025. For Petitioner : Mr.S.Vikram For R1 to R2 : Mr.R.M.Anbunithi, Additional Public Prosecutor For R3 : Mr.A.Oliraja Government Advocate For R4 : M/s.S.Meena ORDER The petitioner seeks a direction to the second respondent to provide adequate police protection and permit the petitioner and the villagers to conduct the Vinayakar Temple Purataasi Pongal Vizha Festival, scheduled to be conducted on 17.10.2025, by considering the petitioner's representation dated 09.10.2025. 2.The learned Additional Public Prosecutor appearing for the respondent police would submit that there was a peace committee 2/6 https://www.mhc.tn.gov.in/judis WP CRL.(MD). No.1753 of 2025 meeting held on 03.10.2025 by the third respondent and it was decided that the festival could be conducted without loudspeakers and mic set, using only the traditional drums and no right would be given to any particular persons to conduct the festival. However, the petitioner did not agree to the said decision and therefore, the resolution could not be implemented. 3.The learned counsel appearing for the fourth respondent would submit that the festival has now been stalled only because the petitioner has not agreed to certain conditions and that all the villagers jointly may be permitted to conduct the festival as per the decision taken in the peace committee meeting by the third respondent. 4.The learned counsel for the petitioner would submit that the temple was constructed by the petitioner's forefathers and that he has to be given first right. 5.This Court cannot decide such an issue and therefore, the prayer sought for by the petitioner cannot be granted. However, if the petitioner 3/6 https://www.mhc.tn.gov.in/judis WP CRL.(MD). No.1753 of 2025 and the other villagers agree to conduct the festival jointly, as decided by the third respondent in the peace committee meeting held on 03.01.2025, the respondent may permit them to conduct the temple festival and provide police protection. 6.With the above observation, this Writ Petition is disposed of. No costs. 15.10.2025 NCC: Yes/No Internet : Yes/No Index:Yes/No cp Note: Issue order copy on 16.10.2025 To 1.The Superintendent of Police, Madurai District, Madurai. 2.The Inspector of Police, Valandhur Police Station, Thoothukudi District.. 3. The Tahsildar, Usilampatti Taluk, Madurai District. 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. 4/6 https://www.mhc.tn.gov.in/judis WP CRL.(MD). No.1753 of 2025 5/6 https://www.mhc.tn.gov.in/judis WP CRL.(MD). No.1753 of 2025 SUNDER MOHAN,J CP ORDER IN WP CRL.(MD) No.1753 of 2025 Date : 15/10/2025 6/6 https://www.mhc.tn.gov.in/judis