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Madras High CourtWP/1590/2024disposed of

R.Thirumurugan v. The Superintendent Of Police

2024-01-24Honourable Mr Justice N. Anand Venkatesh5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 24.01.2024

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH and W.M.P.No.1621 of 2024 R.Thirumurugan

...Petitioner

Vs.

1.The Superintendent of Police, Villupuram District, Villupuram.

2.The Inspector of Police, Gingee Police Station, Gingee, Villupuram District.

...Respondents

PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondents 1 and 2 to provide police protection to the Thaipusam festival scheduled to be held on 25.01.2024 based on the petitioner's representation dated 29.12.2023.

For Petitioner : Mr.A.M.Venkata Krishnan For Respondents : Mr.A.Damodaran Additional Public Prosecutor ***** 1/5

ORDER

This writ petition has been filed for issuance of a writ of mandamus seeking for a direction to the respondents 1 and 2 to provide police protection to enable the petitioner, who is the President of the Panchayat, to conduct Thaipusam festival.

2. Heard Mr.A.M.Venkata Krishnan, learned counsel for petitioner, Mr.A.Damodaran, learned Additional Public Prosecutor appearing for respondents.

3. This Court had already passed an order in W.P.No.211 of 2024, dated 09.01.2024, in the following terms:

"This writ petition has been filed for issue of writ of mandamus directing the respondent police to act upon the representation made by the petitioner on 02.12.2023 and to grant adequate police protection to the petitioner in order to conduct the Thaipoosam festival in the temple to be held from 24.01.2024 to 26.01.2024.

2.When the matter came up for hearing on 05.01.2024, this Court directed the learned Additional Public Prosecutor to take instructions from the respondent police and to report before this Court.

3.When the matter was taken up for hearing today, the learned Additional Public Prosecutor on instructions submitted 2/5

that the representation made by the petitioner dated 02.12.2023, will be acted upon by the 3rd respondent and necessary protection will be given during the festival.

4.In the light of the above submission, it is left open to the 3rd respondent to act up on the representation and necessary condition shall also be imposed while granting the police protection."

4. In the light of the above order, the preparation for the festival has already been commenced today and the police is giving protection. Therefore, the relief as sought for by the petitioner cannot be granted by this Court. It is left open to the petitioner to participate in the Thaipusam festival that is already being conducted in the temple. In the name of participation, the petitioner will not be allowed to create any law and order problem and this Court expects that the festival will go on in a smooth manner. The respondent police shall ensure the same. This writ petition is disposed of in the above terms. No costs. Consequently, connected miscellaneous petition is closed. 24.01.2024 Note: Issue today [24.01.2024] Index: Yes/No Speaking order/Non-speaking Order gm To 1.The Superintendent of Police, 3/5

Villupuram District, Villupuram.

2.The Inspector of Police, Gingee Police Station, Gingee, Villupuram District.

3.The Public Prosecutor, High Court, Madras.

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N.ANAND VENKATESH, J gm 24.01.2024 5/5