G.A.Weasly Samuvel v. The Commissioner Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.01.2024

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH G.A.Weasly Samuel S/o.George Aroan ... Petitioner Vs.

1.The Commissioner of Police, Greater Chennai, Vepery, Chennai - 600 007.

2.The Inspector of Police, G1 Vepery Police Station, Vepery, Chennai - 600 007.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a writ of Mandamus directing the second respondent to give police protection to the church at Jehova Shammah, No.4 Church Lane, Ritherdon Road, Vepery, Chennai - 600 007 and meeting on evening 06.30 p.m. on 13.01.2024 to till evening 03.30 p.m. on 17.01.2024.

For Petitioner : Mr.K.Gajendiran For Respondents : Mr.A.Damodaran, Additional Public Prosecutor ***** 1/4

O R D E R

This writ petition has been filed seeking for issuance of a writ of mandamus directing the second respondent to deal with the representation made by the petitioner and to give police protection for conducting the festival at the church from 13.01.2024 to 17.01.2024.

2. Heard Mr.K.Gajendiran, learned counsel for petitioner and Mr.A.Damodaran, learned Additional Public Prosecutor appearing for respondents.

3. When the matter came up for hearing yesterday, learned Additional Public Prosecutor submitted that two groups are fighting with each other and both of them have given complaints and hence, the police have decided to conduct an enquiry. Accordingly, the matter was directed to be posted today.

4. When the matter was taken up for hearing today, learned Additional Public Prosecutor produced the enquiry report given by the Inspector of Police, G1-Vepery Police Station and it is found that considering the nature of dispute between the parties and the pending 2/4

criminal cases in Crime Nos.70 and 71 of 2023, it was decided not to grant any permission for conducting the festival.

5. In the considered view of this Court, there seems to be a dispute between two groups in conducting the festival. If the groups are not able to come together and conduct the festival in a peaceful manner, the police cannot be unnecessarily asked to give protection. This is more so since there are two First Information Reports in Crime Nos.70 and 71 of 2023. Therefore, there is no question of directing the police to give police protection in this case. It is left open to the parties to work out their remedy before the competent civil Court.

Accordingly, this Writ Petition is dismissed. No costs. 11.01.2024 Speaking Order/Non-speaking Order Index :Yes/No gm N.ANAND VENKATESH, J.

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gm To 1.The Commissioner of Police, Greater Chennai, Vepery, Chennai - 600 007.

2.The Inspector of Police, G1 Vepery Police Station, Vepery, Chennai - 600 007.

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