Mahalakshmi vs Deputy Commissioner Mandya District, Mandya 571401 & Ors.

R Devdas, J

This Court, on 12.02.2024, passed the following order:

"Learned Additional Government Advocate is directed to take notice for respondent Nos.1 to 6.

Learned counsel for the petitioner is directed to serve copies of the writ petition along with annexures on the learned Additional Government Advocate.

Learned counsel for the petitioner/trust submits that as a trust, they are required to conduct a Jatra Mahotsava at Sri Mahalakshmi Temple situated at Sathanuru Village, Kasaba Hobli, Mandya Taluk, Mandya District during the Maha Shivarathri Festival. The petitioner anticipates trouble at the hands of respondent Nos.7 to 13. It is pointed out that even on the previous occasion, the petitioner had approached this Court, and this Court, by order dated 25.02.2022, had passed an interim order as prayed for. It is submitted that another writ petition in W.P.No.82047/2023 was also filed and similar relief was given to the petitioner. However, a copy of orders passed in W.P.No.82047/2023 are not produced.

Re-list this matter 17.02.2025.

Learned Additional Government Advocate is directed to secure instructions from respondent No.5."

This Court is of the considered opinion that if there are disputes between two factions of the Managing Committee or persons taking care of the temple, one faction cannot seek police protection in the guise of conducting Jatra Mahotsava, to keep the other faction at bay. On the other hand, even under normal circumstances, if a sizeable crowd is expected for the Jatra Mahotsava, the authorities of the temple may request for appropriate police bandobast.

In that view of the matter, the fourth and the fifth respondents are hereby directed to consider the request made by the petitioner for providing appropriate police bandobasth for the smooth conduct of the Jatra Mahotsava at the temple premises and the surrounding area.

The writ petition is accordingly disposed of. It is needless to observe that it is the primary duty of the petitioner, who seeks to conduct Jatra Mahotsava, to ensure that all arrangements are made and no law and order problem is created within the temple precincts. Any other conditions that could be imposed by the Police authorities shall also be informed to the petitioner beforehand and the petitioner shall comply with such conditions.

Ordered accordingly.

Learned Additional Government Advocate is directed to communicate this order to respondent Nos.4 and 5.