Arumugam v. The Sub Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 08.05.2019 CORAM :

THE HON'BLE MR. JUSTICE N.ANAND VENKATESH W.P.No.14090 of 2019 Arumugam ..Petitioner Vs.

The Sub Inspector of Police, Avalur Police Station, Avalur, Arakkonam Taluk, Vellore District.

..Respondent PRAYER:

Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, to direct the respondent to provide police protection to the petitioner's family members to do Annadhanam at Sankarampadi Chathiram, Perumpulipakkam, Nemili Taluk, Vellore District from 17.05.2019 to 26.05.2019.

For Petitioner : Mr.P.Krishnan For Respondent : M/s.M.Prabhavathi Additional Public Prosecutor

O R D E R

This Writ petition has been filed seeking a direction to the respondent police to provide police direction to the petitioner's family members to do Annadhanam at Sankarampadi Chathiram, Perumpulipakkam, Nemili Taluk, Vellore District from 17.05.2019 to 26.05.2019.

2. It is the case of the petitioner that during Brahmortsavam time, he used to provide Annadhanam to the public in the Sankarambadi Chathiram for the past several years, but, now some persons are attempting to disturb the function, therefore the petitioner has sought police protection to perform Annadhanam without any disturbance.

3. The petitioner has submitted a representation dated 11.04.2019 to the respondent seeking for police protection and since no action has been taken on the representation, the

present writ petition has been filed before this Court.

4. A similar writ petition was filed during the year 2018 and it will be relevant to extract the order dated 31.05.2019, passed by this Court in W.P.No.13159 of 2018: " 4. The learned counsel for the petitioner submits that a Civil Suit for the said property, where the Annadhanam is proposed to be conducted was decreed in favour of the petitioner, and the petitioner is entitled to do his Annadhanam in the said property.

The learned counsel further submitted that in view of the above, the permission shall be granted to the petitioner to do Annandhanam and to direct the respondent to provide protection till 04.06.2018 as sought for in the prayer.

5. Heard the learned Special Government Pleader.

6. Considering the nature of the fact that a Civil Suit has been decreed in favour of the petitioner and the same was not denied by the respondent, this Court is of the view, that the petitioner to be granted permission to have police protection to carry out Annadhanam.

7. Accordingly, the petition is ordered. The respondent police is directed to give police protection to the petitioner to do Annadhanam till 04.06.2018. It is also open to the respondent to fix the appropriate timings to do Annadhanam. Consequently, connected miscellaneous petitions are closed."

5. A similar relief is claimed by the petitioner this year also and a representation has already been given to the respondent police.

6. Taking into consideration the fact that there is a Civil Court decree in favour of the petitioner and a similar relief was already granted by this Court last year, this Court is inclined to direct the respondent police to give police protection to the petitioner and his family members to do Annadhanam at Sankarampadi Chathiram, Perumpulipakkam, Nemili Taluk, Vellore District from 17.05.2019 to 26.05.2019.

7. It is left open to the respondent to impose reasonable conditions as may be necessary and the petitioner shall comply with the same.

8. This Writ Petition is ordered accordingly. No costs. Sd/- Assistant Registrar(VO) //True Copy// Sub Assistant Registrar ub To 1.The Sub Inspector of Police, Avalur Police Station, Avalur, Arakkonam Taluk, Vellore District.

2.The Public Prosecutor High Court, Madras.

+1cc to Mr.P.Krishnan, Advocate, S.R.No.43377 W.P.No.14090 of 2019 VBA(CO) RRS(10/05/2019)