Case Note & Summary
The petitioner, a devotee of Kulumayi Amman Temple, alleged that the temple had existed for over 250 years and an annual festival was scheduled for 04.03.2025. A dispute between two community groups raised a potential law and order issue. Consequently, the petitioner sent a representation dated 24.02.2025 to the respondents – the Joint Commissioner of the Hindu Religious and Charitable Endowments Department, the Inspector of Police, and the Executive Officer of the temple – seeking police protection for the smooth conduct of the festival. The representation was received on 25.02.2025, but no steps were taken. Therefore, the petitioner filed the present writ petition under Article 226 of the Constitution of India, praying for a direction to the respondents to consider the representation in accordance with law. During the hearing, the Standing Counsel for the third respondent submitted that a Peace Committee Meeting had already been conducted between the disputing parties, where both sides agreed to conduct the festival without any law and order problem and signed a resolution to that effect. The festival had commenced and was proceeding peacefully. The second respondent also assured to provide police protection. The counsel for the first respondent affirmed this submission. In reply, the petitioner’s counsel contended that the petitioner was not informed about the Peace Committee Meeting and the representation remained unconsidered. The Court perused the records and observed that the representation was solely for police protection. Since the second respondent had already assured protection and the Peace Committee Meeting had resolved the dispute, the Court found that nothing further survived for adjudication. Recording the respondents’ submissions and the developments, the Court closed the writ petition without any order as to costs.
Headnote
A) Constitutional Law - Writ Jurisdiction - Police Protection - Constitution of India, Article 226 - The petitioner, a devotee, sought a writ of mandamus to direct the respondents to consider his representation for police protection for a temple festival amid a community dispute. During the pendency, a Peace Committee Meeting was conducted, both parties agreed to conduct the festival peacefully and signed a resolution, and the second respondent assured police protection. The court held that in view of these developments, nothing survived for adjudication and no further orders were required. The writ petition was closed without costs. (Paras 2-7)
Issue of Consideration
Whether to direct respondents to consider petitioner's representation for police protection for temple festival when a Peace Committee Meeting had already resolved the dispute and assured protection.
Final Decision
Writ Petition stands closed. No order as to costs.
Law Points
- When the relief sought in a writ petition becomes infructuous due to voluntary assurances and actions by respondents
- the petition is liable to be closed
- recording the submissions
- without any further orders
- writ petition became infructuous as police protection was assured in Peace Committee Meeting
