(1.) The petitioner has filed this Writ Petition, seeking for issuance of a Writ of Mandamus, directing the respondents 1 to 4 to provide police protection for the peaceful conduct of Kappukattu Thiruvizha, followed by Mulaippaari Thiruvizha at Sri Bala Mariamman Kovil, Manbuvayal Village, Devakottai Taluk, Sivagangai District, from 19/3/2019 to 27/3/2019.
(2.) Mr. J. Anandkumar, learned counsel appearing for the petitioner submitted that Sri Bala Mariamman Kovil Temple is a Village Temple and maintained by Kallar Community out of their self contributions. The Village people used to celebrate the temple festival during the Tamil month of Panguni from 5th day of Panguni to 13th day of Panguni every year by taking Mulaippaari and the petitioner was selected by the Villagers for conducting the festival this year. When earlier, the entire Village people unanimously decided to conduct the temple festival in the month of Chitrai, one Chinnasamy filed a Civil Suit in O.S. No. 27 of 2015 on the file of the District Munsif Court, Devakottai, for mandatory injunction to conduct the festival in the tamil month of Panguni and also consequential injunction, not to interfere with the functioning of the said Chinnasamy as Poosari. The said suit was decreed by judgment and decree dtd. 10/3/2017. Pending the suit, the Villagers represented by one Subramanian, approached this Court by way of filing Crl. O.P. (MD) No. 5601 of 2015 for police protection for conduct of the festival and this Court, by order dtd. 10/4/2015, allowed the said petition and granted the relief of police protection.
(3.) The learned counsel appearing for the petitioner further submitted that the petitioner and other Village people filed an appeal against the judgment and decree granting injunction in favour of the said Chinnasamy as Poosari with condone delay petition and the same is pending. While so, some of the Villagers filed another Civil Suit in O.S. No. 46 of 2018 on the file of the District Munsif Court, Devakottai, for injunction against the said Chinnasamy and the said suit is also pending. While things stood thus, the entire Village people decided to celebrated the temple festival during the month of Panguni from 19/3/2019 to 27/3/2019. Therefore, petitioner along with other Villagers presented a petition dtd. 5/3/2019 seeking permission to conduct the temple festival with police protection in a peaceful manner and the same was forwarded to the third respondent by the first respondent and thereafter, there was no progress on the said representation. Hence, the petitioner has approached this Court by way of filing the present Writ Petition.