M.Purushotham v. The Superintendnet Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 08.04.2019

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.9344 of 2019 M.Purushotham ... Petitioner Vs 1.The Superintendent of Police, Sathuvachari, Vellore District, Vellore.

2.The Deputy Superintendent of Police, Gudiyatham, Vellore District.

3.The Inspector of Police, K.V.Kuppam Police Station, Kadpadi Taluk, Vellore District, Vellore.

... Respondents Prayer: Criminal Original Petition filed under Section 482 Cr.P.C., to direct the respondents to give protection to the petitioner to conduct Kumbhabishegam on 12.04.2019 for "Sri Raj Kaliyamman Aalayam" temple situated at K.A.Motur Village, Keel Alanthur, Madhura, Gudiyatham, Vellore District on the basis of the representation given by the petitioner dated 01.04.2019. For Petitioner : Mr.D.Rajagopal For Respondents: Mr.M.Mohamed Riyaz Additional Public Prosecutor

O R D E R

This Criminal Original Petition has been filed to direct the respondents to give protection to the petitioner to conduct Kumbhabishegam on 12.04.2019 for "Sri Raj Kaliyamman Aalayam" temple situated at K.A.Motur Village, Keel Alanthur, Madhura, Gudiyatham, Vellore District on the basis of the representation given by the petitioner dated 01.04.2019.

2.Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor for the respondents. 3.The petitioner is the President of the Temple situated at Keel Alanthur Mathura, Gudiyatham Taluk, Vellore District for the past 15 years. Several Temple functions have been conducted under my Presidentship with support of the petitioner village

people. We are conducting Kaliamman Temple Festival every year in the month of "Thai". Now this year is considered to be very auspicious year since the temples namely "Sri Raj Kaliyamman Aalayam" and other temples situated nearby namely "Sri Valampuri Selva Vinayagar", Navagrahas have been completed 12 years of their inauguration. "Sri Balamurugar" and Saptha Mathakkal are newly constructed temples. In the month of September 2018 a meeting was conducted under the petitioner Presidentship among villagers. In that meeting it was unanimously decided to celebrate the 12th year of Temple's inauguration and to conduct "Maha Kumbhabishegam" in the month of January 2019 i.e., in the Tamil month of Thai. Accordingly in the first week of January 2019 invitation for the Maha Kumbhabishegam dated 10.02.

2019 was distributed among the villagers and all the villagers and temple authorities are eagerly getting ready for the celebrations. Some persons in the village joined together and claimed to be the spiritual workers and causing panic among the villagers and inducing the public to stop the "Maha Kumbhabishegam". In the said circumstances on 18.01.2019, 20.01.2019 the petitioner gave a representation to the respondents to give protection to conduct Maha Kumbhabishegam. Then the respondents did not reply positively. So the petitioner filed a writ petition before the Hon'ble High Court in W.P.No.2041 of 2019 seeking Mandamus for police protection to conduct Kumbhabishegam festival on 10.02.2019. On 04.02.

2019 the Hon'ble High Court was pleased to pass an order directing the 3rd respondent to consider the representation of the petitioner and pass orders in accordance with law. Even after that the respondent herein not complied the orders and not cooperated to conduct Kumbhabishegam. So the Kumbhabishegam was postponed on 12.04.2019.

4.Considering the above facts and circumstances, the third respondent is directed to conduct an enquiry and the complaint lodged by the petitioner dated 01.04.2019 along with the counter party after giving opportunity of hearing to the both parties and pass orders on merits in accordance with law within a period of two weeks from the date of receipt of a copy of this order. 5.With the above observations, this Criminal Original Petition is disposed of.

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

To 1.The Superintendent of Police, Sathuvachari, Vellore District, Vellore.

2.The Deputy Superintendent of Police, Gudiyatham, Vellore District.

3.The Inspector of Police, K.V.Kuppam Police Station, Kadpadi Taluk, Vellore District, Vellore.

4.The Public Prosecutor, High Court, Madras.

+2ccs to Mr.D.Rajagopal, Advocate sr.no.34195, 34255 Crl.O.P.No.9344 of 2019 rr(co) nr 08/04/2019