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Madras High CourtCRL OP/21911/2018disposed of

S.Balamuthu, Aged 53 Years, v. State Rep. By

2018-09-11Honourable Mr Justice P. Rajamanickam3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 11.09.2018

CORAM

THE HONOURABLE Mr.JUSTICE P.RAJAMANICKAM CRL.O.P.No.21911 of 2018 S.Balamuthu

...Petitioner

Vs.

1. State Rep. By The Superintendent of Police, Office of the Superintendent of Police, Vellore District.

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

3. The Inspector of Police, SIPCOT Police Station, Ranipet, Vellore District.

...Respondents

PRAYER:

Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the 3nd respondent police to provide police protection for the '101st Annual Vinayagar Chathurthi' festival to be held on 13.09.2018, 14.09.2018 and 15.09.2018, especially the 'Aadal Paadal Nigazhchi' scheduled to be held on 14.09.2018 at Vanapadi Village, Walajah Taluk, Vellore District.

For Petitioner :Mr.J.T.Rajasuriya For Respondents :M/s.M.Prabhavathi Additional Public Prosecutor

O R D E R

This petition has been filed to direct the third respondent to provide police protection for the '101st Annual Vinayagar Chathurthi' festival to be held from 13.09.2018 to 15.09.2018 and especially for the 'Aadal Paadal Nigazhchi' scheduled to be held on 14.09.2018 at Vanapadi Village, Walajah Taluk, Vellore District.

2. The learned counsel for the petitioner has submitted that the petitioner is the Panchayat leader and one of the members of the festival committee of 'Sri Selva Ganapathy Vinayagar Temple' at Vanapadi Village, Walajah Taluk, Vellore District. He further submitted that the said temple is in existence for more than hundred years and the people belonging to the said village used to celebrate Vinayagar Chathurthi festival every year and likewise for this year also they have decided to celebrate the Vinayagar Chathurthi festival from 13.09.2018 to 15.09.2018. He further submitted that on 14.09.2018 between 6.00 p.m. to 10.00 p.m. they decided to have 'Aadal Paadal Nigazhchi' and hence the petitioner has submitted a representation before the third respondent on 04.09.2018 seeking permission and also for police protection, but, so far, the third respondent has not passed any order in the said representation.

3.The learned Public Prosecutor has submitted that the third respondent is prepared to provide police protection for performing the Vinayagar Chathurthi festival, but, apart from the usual programmes, the petitioner wants to conduct 'Aadal Paadal Nigazhchi' also and only for that programme the police is not willing to giving permission or protection. 4.Admittedly, the representation submitted by the petitioner dated 04.09.2018 is still pending before the third respondent. Therefore, the third respondent is directed to consider the said representation and pass order in accordance with law and inform to the petitioner on or before 12.09.2018.

5. With the aforesaid observations, this Criminal Original Petition is disposed of.

Sd/- Assistant Registrar(CS IX) //True Copy// Sub Assistant Registrar vsa To 1.The Superintendent of Police, Office of the Superintendent of Police, Vellore District.

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

3.The Inspector of Police, SIPCOT Police Station, Ranipet, Vellore District.

4.The Public Prosecutor, Madras High Court, Chennai.

+1cc to Mr.J.T.Rajasuriya, Advocate, S.R.No.62859 CRL.O.P.No.21911 of 2018 CS/12/09/18