Thangadurai v. The District Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.02.2022 CORAM :

THE HONOURABLE MR. JUSTICE A.D.JAGADISH CHANDIRA W.P.No.4390 of 2022 Thangadurai ... Petitioner Vs.

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

2. The Inspector of Police, Ramanatham Police Station, Cuddalore District.

... Respondents PRAYER: Writ Petition is filed under Section 226 of Constitution of India, pleased to issue a Writ of Mandamus or any other appropriate writ, order or direction in the nature of writ, directing the respondent to grant Police Protection by considering the representation of the petitioner dated 19.02.2022. to permit the petitioners family to conduct Masi Festival on 02.03.2022 and 03.03.2022 in Periyanaki and Angalamman Temple at Korakkavadi Village, Thittakudi Taluk, Cuddalore District to secure ends of justice. For Petitioner : Mr.R.Sankarasubbu For Respondents : Mr.A.Gokulakrishnan Additional Public Prosecutor.

O R D E R

The Writ Petition has been filed to direct the respondent to grant Police Protection by considering the representation of the petitioner dated 19.02.2022 to permit the petitioner's family to conduct Masi Festival on 01.03.2022 and 03.03.2022 in Periyanayagi and Angalamman Temple at Korakkavadi Village, Thittakudi Taluk, Cuddalore District to secure ends of justice.

2. The case of the petitioner is that he is a Hereditary Trustee of Arulmigu Samathi Angalamman and Periyanayagi Amman Private Temple situated at Korakkavadi Village, Thittakudi Taluk, Cuddalore District and that the petitioner's family had been conducting Masi Festival during the Tamil Month of Masi. The petitioner had filed a representation dated 19.02.2022 to the respondents for grant of permission to conduct the festival, which has not been considered so far.

3. Learned counsel for the petitioner would submit that the petitioner had been all along obtaining orders from this Court and even during the year 2020, the petitioner had approached this Court in Crl.O.P.No.2768 of 2020 and this Court by an order dated 10.02.2020, had directed the second respondent to consider and dispose of petitioner's representation. Thereby, the petitioner prays to direct the second respondent to consider his representation and pass appropriate orders.

4. The learned Additional Public Prosecutor appearing for the respondent submits that though the petitioner claims to be the Hereditary Trustee, the temple is a notified temple under the Hindu Religious and Charitable Endowments Act and being administered by the Executive Officer of the Shri Vaithiyanaadha Swamy Thirukkovil, Thittakudi. The Executive Officer had received several complaints, stating that the petitioner without obtaining permission had been collecting donations from several persons for conducting the festival. The Executive Officer had also directed the police to take necessary action against the petitioner. Based on the complaint given by the Executive Officer on 15.02.2022, enquiry is being conducted in C.S.R.No.99 of 2022.

5. Heard the learned Counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the respondent.

6. In view of the above, taking into consideration the submissions made by the learned Counsel appearing for the petitioner as well as the learned Additional Public Prosecutor appearing for the respondents, the second respondent is directed to conduct enquiry with regard to the petitioner's representation dated 19.02.2022, by giving an opportunity to the petitioner to putforth his case and also the complaint of the Executive Officer and dispose of the petitioner's representation on or before 01.03.2022 and inform the result of the enquiry to the petitioner.

7. With the aforesaid directions, this petition is disposed of. No costs.

Sd/- Assistant Registrar(CS-II) //True Copy// Sub Assistant Registrar

ham/rgi To

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

2. The Inspector of Police, Ramanatham Police Station, Cuddalore District.

3. The Public Prosecutor, High Court of Madras.

+1cc to Mr.R.Sankara Subbu, Advocate, S.R.No.12941 W.P.No.4390 of 2022 AJS(CO) KM(28/02/2022)