V.P.S.Gurunathan,Aged 73 Years v. The District Superintendent Of

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.03.2018

CORAM

THE HONOURABLE MR. JUSTICE M.S.RAMESH Crl.O.P.No.4264 of 2018 V.P.S.Gurunathan ... Petitioner Vs.

1. The District Superintendent of Police, Villupuram District,

2. The Inspector of Police, Villupuram Town Police Station, 3.R.Sellappan 4.A.Elumalai 5.T.Raja 6.S.Sakthivel 7.S.Ravi @ Ravendran ... Respondents Prayer:Criminal Original Petition filed under Section 482 Cr.P.C. praying to direct the respondents 1 and 2 herein to give suitable police protection to the petitioner is the hereditary trustee of the temples namely, Sri Muthalvazhi Mariamman Alayam, Sri Puthuvazhi Mariamman Alayam and Sri Meenakshi Udanurai Sundareswarar Alayam situated at Maharajapuram, Villupuram. For Petitioner : Mr.R.Arun Dattan For Respondents 1 & 2: Mrs.P.Kritika Kamal, Government Advocate (Crl. Side) For Respondents 3 & 7: No appearance

ORDER

This petition has been filed by the petitioner seeking for a direction to the respondents 1 and 2 herein to give suitable police protection to the petitioner, who is the hereditary trustee of the temples namely, Sri Muthalvazhi Mariamman Alayam, Sri Puthuvazhi Mariamman Alayam and Sri Meenakshi Udanurai Sundareswarar Alayam situated at Maharajapuram, Villupuram.

2. Heard R.Arun Dattan, learned counsel for the petitioner, Mrs.P.Kritika Kamal, learned Government Advocate (Crl. Side) for

the respondents 1 & 2. Though notice has been served on the respondents 3 to 7 and their names are also printed in the cause list today, none appears on their behalf. 3.The petitioner herein claims to be the hereditary trustee of Sri Muthalvazhi Mariamman Alayam, Sri Puthuvazhi Mariamman Alayam and Sri Meenakshi Udanurai Sundareswarar Alayam situated at Maharajapuram, Villupuram District, which is opposed by the respondents 3 to 7 herein stating that the petitioner's father alone was the hereditary trustee and that the petitioner has no right in the administration of the temple.

4. This Court exercising its power under Section 482 Cr.P.C., cannot go into the merits of these facts. However taking into account of the fact that the petitioner had given a representation to the second respondent herein seeking for protection, it would be appropriate to direct the second respondent to conduct enquiry on the representation and pass necessary orders.

5. In the result, the petitioner is granted liberty to approach the second respondent, with a fresh representation seeking for protection and on receipt of the same, the second respondent shall conduct detailed enquiry and pass appropriate orders on its own merits and in accordance with law within a period of six weeks from the date of receipt of a copy of this Order. While conducting such enquiry, the second respondent shall grant due opportunity to the petitioner as well as the respondents 3 to 7 herein and any other persons who may be interested in the administration of the temple.

6. With the above observation, the Criminal Original Petition stands closed.

s/d- Assistant Registrar(CS VI) True Copy Sub-Assistant Registrar nl To 1.The District Superintendent of Police, Villupuram District,

2. The Inspector of Police, Villupuram Town Police Station,

3. The Public Prosecutor, High Court, Madras.

+1 CC to Mr.R.Arun Dattan, Advocate sr 17837. +1 CC to Ms.J. Hemamalini, Advocate sr 18541. Crl.O.P.No.4264 of 2018 SP(21/03/2018)