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Madras High CourtCRL OP/6106/2018closed

K.Manickan, S/O.Krishna v. The Inspector Of Police

2018-04-13Honourable Mr Justice P. N. Prakash3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 13.04.2018

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.O.P.No.6106 of 2018 K.Manickam ...

Petitioner Vs 1.The Inspector of Police, Avinashi Police Station, Avinashi.

2.The Revenue Divisional Officer, O/o.Revenue Division, Tiruppur.

3.M.Manickam 4.S.N.Subramaniyam 5.Subramaniyam 6.Velusamy 7.Ponnusamy 8.Nataraj 9.Senthil Kumar ...

Respondents Prayer:- Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure to direct the 1st respondent to give police protection to conduct the festival of Angalamman Temple, situated at S.F.No.381/1A, M.Nathampalayam Village, Avinashi Taluk, Tiruppur District, on the basis of representation dated 16.02.2018 given by the petitioner. For Petitioner :Mr.P.Tamilavel For Respondents :Mr.C.Raghavan Government Advocate (Crl.Side) for R1 and R2 Mr.P.M.Duraisamy for R9

ORDER

This petition has been filed to direct the 1st respondent to give police protection to conduct the festival of Angalamman Temple, situated at S.F.No.381/1A, M.Nathampalayam Village, Avinashi Taluk, Tiruppur District, on the basis of representation dated 16.02.2018 given by the petitioner. 2.When the matter was taken up for hearing, Mr.P.M.Duraisamy, learned counsel appearing for the 9th respondent submitted that the petition filed under Section 63 of the HR & CE Act by the petitioner before the Joint Commissioner of HR & CE, has been dismissed.

3.However, the learned counsel appearing for the petitioner submitted that the same was dismissed only for default and that the petitioner has filed a Restoration application and the same is pending.

4.The learned counsel appearing for the 9th respondent further submitted that the HR & CE has appointed a Fit Person to the Temple.

5.In such view of the matter, a direction as prayed for by the petitioner cannot be granted. As and when the Fit Person requires any police protection, liberty is given to him to approach the police and on such application being submitted by the Fir Person, the police have to afford necessary protection. Accordingly, this Criminal Original Petition is closed. Sd/- Assistant Registrar(CS IX) //True copy// Sub Assistant Registrar mps To 1.The Inspector of Police, Avinashi Police Station, Avinashi.

2.The Revenue Divisional Officer, O/o.Revenue Division, Tiruppur.

3.The Public Prosecutor, Madras High Court, Chennai.

+1cc to Mr.P.Tamilavel, Advocate SR.No.27576 +1cc to Mr.P.M.Duraiswamy, Advocate SR.No.28402 Crl.O.P.No.6106 of 2018 EV(CO) GN(26/04/2018)