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Madras High CourtWP/5418/2023disposed of

Vanitha v. The Superintendent Of Police

2023-02-24Honourable Mr Justice G. Chandrasekharan6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 24.02.2023

CORAM:

THE HONOURABLE MR.JUSTICE G.CHANDRASEKHARAN W.P. No.5418 of 2023 Vanitha ... Petitioner Vs.

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

2.The Deputy Superintendent of Police, Sethiyathoppu, Cuddalore.

3.The Inspector of Police, Kattumannarkoil Police Station, Cuddalore District, Cuddalore.

...Respondents

PRAYER: Writ Petition is filed under Article 226 of Constitution of India, pleased to issue a Writ of Mandamus, directing the respondents herein to provide necessary Police protection to conduct the Maha Kumbabishekam at "Sree Oomaikaliyamman" Temple, siutate at East Street, Veerananallur Village, Kattumannarkoil Taluk, Cuddalore District on 02.03.2023 to 03.03.2023 within the time to be stipulated by this Court based on the representation dated 03.02.2023.

For Petitioner : Mr.RBharathkumar For Respondents : Mr.S.Santhosh Government Advocate (Crl.Side)

O R D E R

The Writ Petition has been filed to direct the respondents to provide necessary Police protection to conduct the Maha Kumbabishekam at "Sree Oomaikaliyamman" Temple, siutate at East Street, Veerananallur Village, Kattumannarkoil Taluk, Cuddalore District on 02.03.2023 to 03.03.2023 within the time to be stipulated by this Court based on the representation dated 03.02.2023.

2.The learned counsel appearing for the petitioner submitted that petitioner filed W.P.No.22598 of 2022 against the District Collector, Cuddalore District, Cuddalore, and four others including one Pandiyan for quashing the proceedings in Na.Ka.Aa.01/04/2022 dated 16.08.2022, consequently, directing the respondents 3 and 4 to grant protection for the peaceful conduct of Kumbabshekam festival on 28.08.2022 and 29.08.2022 at Oomaikaliyampal temple, East Street, Veerananallur Village,

Kattumannarkoil Taluk, Cuddalore district.

3.This Court on 25.08.2022 directed the petitioner to give an undertaking before the Police and the Police was directed to consider the representation given by the petitioner and grant the permission by considering over all circumstances. Subsequently, the fifth respondent filed W.P.No.23915 of 2022 without impleading the petitioner seeking the prayer of Police protection for conducting Oomaikaliyampal Kumbabhishekam festival on 04.09.2022 and 05.09.2022. This Court on going through the records and finding that petitioner had already obtained an order in W.P.No.22598 of 2022 and that petitioner was not impleaded as respondent in W.P.No.23915 of 2022, dismissed the petition. A representation dated 03.02.

2023 was given by the village head, Nattamais, committee members and public seeking Police protection for conduct of Oomaikaliyampal temple Kumbabhisekam. No order is passed so far, therefore this petition. 4.The learned Government Advocate (Criminal side) appearing for the respondents submitted that one Pandiyan is disputing the claim of the petitioner to conduct Oomaikaliyampal temple Kumbabhisekam.

peace committee meeting likely to be scheduled soon. 5.The learned counsel for the petitioner submitted that petitioner is prepared to conduct the festival under the supervision of any Revenue and Police Officials. In the light of the submissions made and orders passed by this Court in W.P.No.22598 of 2022 and W.P.No.23915 of 2022, this Court directs the respondents to consider the representation aforesaid dated 03.02.2023, in the manner known to law immediately. 6.With the above direction, this Writ Petition is disposed of. No costs. 24.02.2023 ep Index :Yes/No Internet:Yes/No Note: Issue order copy on 28.02.2023

G.CHANDRASEKHARAN, J.

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

2.The Deputy Superintendent of Police, Sethiyathoppu, Cuddalore.

3.The Inspector of Police, Kattumannarkoil Police Station, Cuddalore District, Cuddalore.

W.P. No.5418 of 2023

24.02.2023