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Madras High CourtWP/5212/2019allowed

Mrs.Vanaja, v. The Deputy Superintendent Of Police,

2019-02-22Honourable Mr Justice G.K. Ilanthiraiyan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.02.2019

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN W.P.No.5212 of 2019 Vanaja

...Petitioner

Vs.

1.The Deputy Superintendent of Police (Law & Order) Bargur, Krishnagiri.

2.The Inspector of Police, Parur Police Station, Parur, Krishnagiri District.

3.The Assistant Commissioner Hindu Religious & Charitable Endowment, Dharmapuri.

...Respondents

PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying for the issue of a Writ of Mandamus, to direct the respondents 1 and 2 to give adequate police protection for conducting Mahasivarathiri Pooja and Car Festival in Arulmigu Angalamman @ Poongavanathamman Thirukoil, Vilangamudi Village, Pochampalli Taluk, Krishnagiri District from 04.03.2019 to 10.03.2019 by me as hereditary trustee by considering my representation dated 08.02.2019.

For Petitioner : Mr.M.S.Palaniswamy For Respondents : Mr.M.Mohamed Riyaz Additional Public Prosecutor

ORDER

This petition has been filed for a direction to direct the respondents 1 and 2 to give adequate police protection for conducting Mahasivarathiri Pooja and Car Festival in Arulmigu Angalamman @ Poongavanathamman Thirukoil, Vilangamudi Village, Pochampalli Taluk, Krishnagiri District from 04.03.2019 to 10.03.2019 by considering the petitioner's representation dated 08.02.2019.

2.

By consent, the writ petition itself is taken up for final disposal.

3.

The learned counsel appearing for the petitioner would submit that the petitioner is the Hereditary Trustee of Arulmigu Angalamman @ Poongavanathamman Thirukoil, and she submitted a representation on 08.02.2019, seeking police protection for conducting Mahasivarathiri Pooja and Car Festival in the above said temple from 04.03.2019 to 10.03.2019. He would further submit that for the very same festival, the petitioner approached this Court for police protection in W.P.No.3436 of 2017. While pending the said writ petition, the prayer sought for by the petitioner became infructous, since the festival was already over and the same was dismissed by an order dated 12.02.2018. Further he submitted that during pendency of the above said writ petition, on 22.02.2017, this Court directed the learned Public Prosecutor to give appropriate instruction to provide police protection. Therefore, he prays to allow this petition.

4.

The learned Additional Public Prosecutor would submit that the representation of the petitioner is pending with the second respondent for consideration. 5.

Heard Mr.Palaniswamy, learned counsel appearing for the petitioner and Mr.M.Mohamed Riyaz, learned Additional Public Prosecutor appearing for the respondents.

6.

It is seen that the petitioner submitted a representation seeking police protection for conducting Mahasivarathiri Pooja and Car Festival and the same is under consideration of the second respondent. In the year 2017, for the same festival, this Court directed the learned Public Prosecutor to give police protection. Considering the above facts and circumstances of the case, this Court is inclined to direct the second respondent to consider the petitioner's representation dated 08.02.2019 and pass orders on merits and in accordance with law, by providing adequate police protection for conducting Mahasivarathiri Pooja and Car Festival to the petitioner on or before 01.03.2019. 7.

With the above directions, this writ petition stands allowed. No costs.

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

rts To 1.The Deputy Superintendent of Police (Law & Order) Bargur, Krishnagiri.

2.The Inspector of Police, Parur Police Station, Parur, Krishnagiri District.

3.The Assistant Commissioner Hindu Religious & Charitable Endowment, Dharmapuri.

4.The Public Prosecutor, High Court of Madras.

+1cc to Mr.M.S.Palaniswamy , Advocate SR.No. 16585 W.P.No.5212 of 2019 A.SK(26/02/2019)