Palepalli Sri Gangamman Alaya v. State Rep. By,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 14.03.2018

CORAM

THE HONOURABLE MR. JUSTICE M.S.RAMESH Crl.O.P.No.4412 of 2018 Palepalli Sri Gangamman Alaya Committee Sangam, Palepalli, Rep. by its Secretary P.M.Chinnasamy, S/o.Muniappa Naidu, Palepalli Village, Kandhikuppam Post, Krishnagiri Taluk and District.

... Petitioner Vs

1. State rep. by The Deputy Superintendent of Police, Bargur Taluk, Krishnagiri District.

2. State rep. by Inspector of Police, Bargur Taluk, Krishnagiri District.

3. C.Krishnan

4. R.Muniappan

5. G.Venkatesan

6. Sukkiriappa Naidu

7. K.Balasekaran

8. S.Venkatesan

9. Rajendran 10.Mr.V.Krishnan 11.Mr.C.Raman 12.Mr.C.Avalappa Munisamy 13.Mr.C.Muniappan 14.Mr.R.Venkatesan ... Respondents Prayer:Criminal Original Petition filed under Section 482 Cr.P.C. to direct the respondents to provide police protection to the Petitioner Sangam based on their representation dated 29.01.2018

For Petitioner : Mrs.P.T.Asha for M/s.Sarvabhuman Associates For Respondents :

Mrs.Kritika Kamal.P Government Advocate (Crl. Side) for R1 & R2 : Mr.M.Balasubramaniam for R3 to R5 & R10 to R14 : No Appearance for R6 to R9

ORDER

The prayer sought for in the present petition is to direct the respondents to provide police protection to the Petitioner Sangam based on their representation dated 29.01.2018.

2. Both the petitioner herein and the respondents 3 to 14 are the parties in S.A.Nos.551 to 553 of 2015, who are at loggerheads in connection with their respective rights of administering the Gangamman Temple in Palepalli Village, Kandhikuppam Post, Krishnagiri Taluk and Dhamapuri District. Pending the Second Appeals, the present petition has been filed by the petitioner seeking to provide police protection for their Sangam for the purpose of conducting the Ugadi Festival on 17.03.2018 and 18.03.2018.

3. Today, when the matter was called, it is submitted that it has been mutually agreed by both the petitioner as well as the respondents 3 to 14 stating that if permission is granted to both of them to conduct the Ugadi Festival for two days each in a year, they would be satisfied. Since, the issue with regard to the rights of administering the temple is pending in Second Appeals before this Court and also taking note of the fact that it may take some time for the appeals to get disposed, it would be appropriate that an interim arrangement be made in order to felicitate conduct of the Ugadi Festival by both the parties.

4. In the result, petitioners herein are permitted to celebrate the Ugadi Festival on 17.03.2018 and 18.03.2018 and the respondents 3 to 14 herein are permitted to celebrate the festival on 19.03.2018 and 20.03.2018. Likewise, the petitioner herein shall conduct the festival for the next year on 19.03.2019 and 20.03.2019 and the respondents 3 to 14 herein shall celeberate the festival on 17.03.2019 and 18.03.2019. This arrangement shall continue for every year till the disposal of the S.A.Nos. 551 to 553 of 2015. In other words, the respondents 3 to 14 as well as the petitioner herein shall

alternatively conduct the festival on two days on rotation basis every year, pending disposal of the Second Appeals.

5. During conduct of the festival, in case the parties are of the view that the police protection is required, it is open to them to approach the Inspector of Police, Kandhikuppam Police Station, who shall consider the same and extend necessary protection for the smooth conduct of the festival. The Criminal Original Petition is ordered accordingly. Sd/- Asst.Registrar (CCC) /true copy/ Sub Asst. Registrar To

1. The Deputy Superintendent of Police, Bargur Taluk, Krishnagiri District.

2. The Inspector of Police, Bargur Taluk, Krishnagiri District.

3.The Inspector of police, Kandhikuppam Police station,

4. The Public Prosecutor, High Court, Madras.

+ 1 cc to Mr.M.Balasubramaniam Advocate,SR.19113 + 1 cc to M/s.Sarvabhuman Associates Advocate,SR.19392 Crl.O.P.No.4412 of 2018 nr 16/03/2018