Madras High CourtCRL OP/5990/2017dismissed

L.Kothandan, Aged 40 Years, v. State Rep. By

2017-08-02Honourable Mr Justice M.S. Ramesh4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 02.08.2017

CORAM:

THE HONOURABLE MR. JUSTICE M.S.RAMESH Crl.O.P.No.5990 of 2017 L. Kothandan ..

Petitioner Vs.

1. The State rep. by The Superintendent of Police, Office of the Superintendent of Police, Vellore District.

2. The Deputy Superintendent of Police, Arakkonam Range, Vellore District.

3. The Inspector of Police, Sholingar Police Station, Vellore District.

4. Umapathy

5. Palani

6. Ramanujam

7. Arunachalam ..

Respondents PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. praying to direct the 3rd respondent police to provide proper police protection for the ongoing construction and religious activities

associated with the 'Kumbabishekam' festival proposed in July 2017 of Arulmigu Dharmaraja Temple situated on Thiruthani Road. For Petitioner :

Mr.N.S. Amarnath For Respondents :

Mr.P.Govindarajan (R1 to 3) Additional Public Prosecutor.

Mr.M.K.Hidayathulla (R4 to 7)

ORDER

The prayer sought for in the present petition is a direction to the third respondent to provide police protection for the ongoing construction and religious activities associated with the 'Kumbabishekam' festival proposed in July 2017 of Arulmigu Dharmaraja Temple situated on Thiruthani Road. 2.It is now brought to my notice that the Kumbabishekam has been postponed. It is now also brought to my notice that with regard to the right over the temple and the issue as to whether the temple is a private temple or not, litigations are pending between the petitioner and the respondents 4 to 7 in O.S.No.122 of 2014 and O.S.No.51 of 2012 renumbered as O.S.No.326 of 2014 before the Sub-Court, Ranipet.

3. When the issue is pending before the Civil Court, it would not be appropriate to give a direction for police protection for performing Kumbabishekam festival.

4. In view of the same, the present Criminal Original Petition stands dismissed. The petitioner is at liberty to approach the Civil Court, if he requires any protection.

02.08.2017 Index:Yes/No Internet: Yes/No nl/ggs To

1. The Superintendent of Police, Office of the Superintendent of Police, Vellore District.

2. The Deputy Superintendent of Police, Arakkonam Range, Vellore District.

3. The Inspector of Police, Sholingar Police Station, Vellore District.

4. The Public Prosecutor, High Court, Madras.

M.S.RAMESH.J, nl/ggs Crl.O.P.No.5990 of 2017 02.08.2017