Madras High CourtCRL OP/538/2019disposed of

A.Jayaram v. The Commissioner Of Police

2019-01-09Honourable Mr Justice N. Anand Venkatesh3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 09.01.2019

CORAM:

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Crl.O.P.No.538 of 2019 A.Jayaram : Petitioner Vs.

1.The Commissioner of Police, O/o.Commissioner, Salem.

2.The Assistant Commissioner of Police, (Law and Order), Salem.

3.The Revenue Divisional Officer, Salem.

4.The Inspector of Police, Kitchipalayam Police Station, Salem.

5.AR.Rajesh 6.N.Loghu 7.C.Murugeshan 8.K.Dhanpal :

Respondents PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C., to direct the respondents 1 to 4 to give police protection to conduct the Thai festival of Sri Maha Mariamman and Sri Kaliamman Temples situated at Pandit Nehru Street, Kalarampatti, Salem on the basis of representation dated 20.01.2018 made by the petitioner.

For Petitioner : Mr.P.Tamilavel For Respondents : Mr.M.Mohamed Riyaz Additional Public Prosecutor for R1 to R4

ORDER

This petition has been filed seeking for police protection to conduct the Thai festival on 20.01.2019.

2.The petitioner has given a representation to the fourth respondent on 08.12.2018, seeking for permission and police protection to conduct the festival. This representation has not been considered and therefore, this petition has been filed before this Court.

3.It is seen from the records that the respondents 5 to 8 are stopping the festival from being conducted. Therefore, there shall be a direction to the fourth respondent to call all the parties for an enquiry and take a decision in accordance with law. If the fourth respondent on enquiry finds that there is a serious dispute with regard to the right to conduct the festival, he shall relegate the parties to the appropriate forum. The fourth respondent shall complete the enquiry and take a decision within a period of one week from the date of receipt of a copy of this order. The petitioner is directed to give a fresh representation to the fourth respondent along with the copy of this order.

4.This Criminal Original Petition is disposed of with the above directions.

s/d- Assistant Registrar(CO) True Copy Sub-Assistant Registrar ia/vsg1 To 1.The Commissioner of Police, O/o.Commissioner, Salem.

2.The Assistant Commissioner of Police, (Law and Order), Salem.

3.The Revenue Divisional Officer, Salem.

4.The Inspector of Police, Kitchipalayam Police Station, Salem.

5.The Public Prosecutor, High Court, Madras.

+1 CC to Mr.P.Tamilavel, Advocate sr 2164.

Crl.O.P.No.538 of 2019 NMI(CO) SP(10/01/2019)