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Madras High CourtCRL OP/19768/2016dismissed

M.Ramasamy Udayar v. District Collector

2016-09-02Honourable Mr Justice P. N. Prakash3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 02.09.2016

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.OP No.19768 of 2016 M.Ramasamy Udayar .. Petitioner Vs 1.District Collector Perambalur District, Perambalur 2.Superintendent of Police Perambalur District, Perambalur.

3.Deputy Superintendent of Police, Mangalamedu Sub Division, Mangalamedu, Perambalur District.

4.Inspector of Police, Mangalamedu, Perambalur District.

Perambalur.

5.Sub Inspector of Police V.Kalathur Police Station, V.Kalathur, Perambalur District, Perambalur.

...Respondents

Prayer:- Criminal Original Petition filed under Section 482 Cr.P.C. to direct the the respondents to give police protection for the celebration of 3 days festivals, to be held on 02.09.2016, 03.09.2016 and 04.09.2016, as per the schedule published in the festival invitation in respect of Arul Mighu Shree Lakshmi Narayanaperumal Temple, Arul Mighu Selliamman Temple, Arul Mighu Shree Rayappa Temple and Arul Mighu Shree Mariamman Temple in V.Kalathur Village, Veeppanthattai Taluk, Perambalur District.

For Petitioner : Mr.C.Selvaraju For Respondents : Mr.C.Emalias, Addl.Public Prosecutor

O R D E R

This petition has been filed to direct the respondents to give police protection for the celebration of 3 days festivals, to be held on 02.09.2016, 03.09.2016 and 04.09.2016, as per the schedule published in the festival invitation in respect of Arul Mighu Shree Lakshmi Narayanaperumal Temple, Arul Mighu Selliamman Temple, Arul Mighu Shree Rayappa Temple and Arul Mighu Shree Mariamman Temple in V.Kalathur Village, Veeppanthattai Taluk, Perambalur District.

2. Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the State.

3. It is seen that the petitioner wanted to celebrate three days festival, namely on 02.09.2016, 03.09.2016 and 04.09.2016 of Arulmighu Shree Lakshmi Narayanaperumal Temple, Arulmighu Selliamman Temple, Arulmighu Shree Rayappa Temple and Arulmighu Shree Mariamman Temple in V.Kalathur Village, Veeppanthattai Taluk, Perambalur District. The Deputy Superintendent of Police has passed an order dated 27.08.2016 granting permission to conduct the festival on 03.09.2016 with certain conditions, challenging which the petitioner is before this Court under Section 482 Cr.P.C.

4. In the considered opinion of this Court, the petition challenging the said order is not maintainable under Section 482 Cr.P.C inasmuch as the order has not been passed under the Code of Criminal Procedure, but passed under Indian Police Act, 1861. Hence this petition is dismissed as not maintainable with liberty to the petitioner to work out his remedies in the manner known to law.

Sd/- Asst. Registrar.

/true copy/ Sub Asst. Registrar.

mk To 1.The District Collector Perambalur District, Perambalur

2.The Superintendent of Police Perambalur District, Perambalur.

3.The Deputy Superintendent of Police, Mangalamedu Sub Division, Mangalamedu, Perambalur District.

4.The Inspector of Police, Mangalamedu, Perambalur District.

Perambalur.

5.The Sub Inspector of Police V.Kalathur Police Station, V.Kalathur, Perambalur District, Perambalur.

6. The Public Prosecutor, High Court, Madras. +1 CC to M/s. C.S. Associates, Advocate, Sr.No.50042 Crl.OP No.19768 of 2016 PA (CO) MD : 24/09/2016