Madras High CourtWP/3395/2023disposed of

P.Kuppan @ Kuppusamy v. The Inspector Of Police

2023-02-07Honourable Mr Justice G. Chandrasekharan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.02.2023

CORAM

THE HONOURABLE MR.JUSTICE G.CHANDRASEKHARAN P.Kuppan @ Kuppusamy ... Petitioner Vs.

The Inspector of Police, Erumapatty Police Station, Namakkal District.

... Respondent Prayer : Writ Petition has been filed under Article 226 of the Constitution of India to issue a writ of Mandamus, pleased to direct the respondent to consider the representation of the petitioner dated 19.01.2023 and give adequate police protection to ensure the Poojas in respect of Arulmigu Sivansakthi Kabalam Thirukovil in Beemanikkanur Village, N.Pudukottai Taluk, Namakkal District is conducted from 09.02.2023 to 11.02.2023, for one days function.

For Petitioner : Mr.B.Balavijayan For Respondent : Mr.S.Santhosh Government Advocate (Crl.Side)

O R D E R

The Writ Petition has been filed seeking to direct the respondent to provide police protection to conduct Poojas in Arulmigu Sivansakthi Kabalam Thirukovil in Beemanaikanoor Village, N.Pudukottai Post, Senthamangalam Taluk, Namakkal District from 09.02.2023 to 11.02.2023.

2. Learned counsel appearing for the petitioner submitted that the petitioner has been conducting Pooja at Arulmigu Sivansakthi Kabalam Thirukovil for many years in the capacity as hereditary Dharmakartha. This year Poojas are proposed to be conducted from 09.02.2023 to 11.02.2023 and to avoid any untoward incidents, the petitioner requires police protection. Therefore, he sent a representation dated 19.01.2023 to the respondent to provide police protection. Since, no order is passed till now, the petitioner has filed this present writ petition.

3. Learned Government Advocate (Crl.Side) appearing for the respondent submitted that there is rival group and there is a dispute between two groups from 2011. In this regard, the First Information Report in Crime No.269 of 2018 was registered for the offence under Sections 294(b), 307 IPC on the file of the respondent police station and the

petitioner herein is the first accused in this case. He further submitted that if permission is granted to the petitioner to conduct Pooja, there is a possibility of law and order issue.

4. In the light of the above submissions made by the learned Government Advocate (Crl.Side), this Court directs the respondent Police to consider the representation of the petitioner dated 19.01.2023 and pass appropriate orders in the manner known to law.

5. With the above direction, this Writ Petition stands disposed of. No costs.

07.02.2023 ham Index: Yes/No Speaking/Non speaking order To

1. The Inspector of Police, Erumapatty Police Station, Namakkal.

2.The Public Prosecutor, High Court of Madras.

G.CHANDRASEKHARAN ,J.

ham 07.02.2023