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Madras High CourtWP/9603/2015closed

Ethirajan Naidu v. The Superintendent Of Police,

2015-04-09Honourable Mr Justice P. N. Prakash3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATE : 09.04.2015

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Writ Petition No.9603 of 2015 1.Ethirajan Naidu 2.S.R.Krishnamoorthy Naidu 3.K.Padmanapan Naidu ...

Petitioners V.

1.The Superintendent of Police, Kancheerpuram District.

2.The Deputy Superintendent of Police, Kancheepuram District.

3.The Inspector of Police, (Law & Order), B5, Police Station, Walajabad, Kancheepuram Taluk, Kancheepuram Disitrict.

4.The Hereditary Trustee, Uthukadu Arulmigu Devi Elllaiamman Temple, Uthukadu Village, Walajabad, Kancheepuram Taluk & District.

... Respondents.

Prayer: Petition filed under Article 226 of the Constitution of India for a Writ of Mandamus, directing the respondents 1 to 3 to give necessary police protection for the petitioners enabling them to contribute and to participate by meeting out all the expenditure on the 3rd day of Bhootha Vagana proceedings of Bramma Urchavam festival in the 4th respondent premises for the year commencing on 10th day of April, 2015.

For Petitioners : Mr.G.Thangavel For Respondents : Mr.C.Emalias, Additional Public Prosecutor

O R D E R

The petitioner has filed the present Writ Petition, seeking for a direction to the respondents 1 to 3 to give necessary police protection for the petitioners, enabling them to contribute and to participate by meeting out all the expenditure on the 3rd day of Bhootha Vagana proceedings of Bramma Urchavam festival in the 4th respondent premises for the year commencing on 10th day of April, 2015.

2.Heard the learned counsel appearing for the petitioners and the learned Additional Public Prosecutor appearing for the respondent and perused the materials placed on record.

3. It is seen that these petitioners are managing the affairs of the Uthukadu Arulmigu Devi Ellaiamman Temple. According to the petitioners, their family have been conducting the Bramma Urchavam Festival of the said Temple for several years and that one Mr.S.R.Babu Naidu, objected to it. Therefore, it appears that there is a dispute in respect of conducting Bramma Urchavam Festival of Uthukadu Arulmigu Devi Ellaiamman Temple, which can be decided only by the Civil Court. Hence, this Court is not inclined to grant the relief as sought for by the petitioners. However, the petitioners are at liberty approach the Civil Court in order to establish their rights over the above said temple. If they want to participate as ordinary devotees in the festival organized by the Villagers, they cannot be prevented by any one.

With the above observations, this Writ Petition is closed. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar mps To 1.The Superintendent of Police, Kancheerpuram District.

2.The Deputy Superintendent of Police, Kancheepuram District.

3.The Inspector of Police, (Law & Order), B5, Police Station, Walajabad, Kancheepuram Taluk, Kancheepuram Disitrict.

4.The Hereditary Trustee, Uthukadu Arulmigu Devi Elllaiamman Temple, Uthukadu Village, Walajabad, Kancheepuram Taluk & District.

1 cc to Mr.G.Thangavel ,Advocate, SR.No.19783 W.P.No.9603 of 2015 sscd(co) pmk.10.4.2015