High CourtsDIVISION BENCH(2017) 04 MAD CK 0247

S.Mahalingam Vs The Superintendent of Police, Madurai District (Rural), Madurai

Madras High Court · Decided on 10 April 2017

HON’BLE JUDGES
T.S.Sivagnanam, P.Velmurugan
RESULT
Dismissed
CASE NUMBER
183 of 2017 and C M P (MD)Nos 1939 and 1940 of 2017

AI Structured Summary

Not yet generated for this judgment

Judgment

9 paragraphs · 343 words
1.

Heard Mr.N.Dilip Kumar, learned counsel appearing for the appellant, Mr.S.Chandrasekar, learned Government Advocate appearing for the respondents 1 to 4 and Mr.J.Jeyakumaran, learned counsel appearing for the fifth respondent.

2.

This Writ Appeal is directed against the order in W.P.(MD)No.1936 of 2017, dated 22.02.2017.

3.

The appellant came before the Writ Court seeking for a direction upon the respondents 1 to 4 to give necessary police protection for the Masi Mahasivarathiri Festival to be celebrated by the appellant and his community people in Arulmighu Kattu Karuppanasamy Kovil, Maravankulam Village, Tirumangalam Taluk, Madurai District from 24.02.2017 to 26.02.2017.

4.

The Writ Petition was disposed of by order dated 22.02.2017, by directing that the appellant and his community people are entitled to worship the Deity, for which, the fifth respondent and his family members should not object.

5.

The appellant is on appeal as against the said order contending that the appellant and his family members are entitled to not only worship, but also to conduct poojas in the temple.

6.

The learned counsel for the fifth respondent, on the other hand, would contend that the Writ Appeal itself has become infructuous on the ground that the festival was already over.

7.

The learned counsel for the appellant would state that in paragraph No.7 of the impugned order, there is a finding that the appellant and his community people have right to worship the Deity only and this is contrary to the order passed by the Joint Commissioner in O.A.No.19 of 2002.

8.

We have carefully perused the said order passed by the Joint Commissioner and in the said order, the Joint Commissioner has declared the right of the appellant only for worship. In fact, the prayer before the Joint Commissioner itself was only for worshipping the Deity. Therefore, the finding rendered in paragraph No.7 of the impugned order is perfectly valid and justified.

9.

For the above reasons, the appellant has not made out any case for interference. Accordingly, the Writ Appeal is dismissed. No costs. Consequently, the connected miscellaneous petitions are closed.