V.Duraisamy v. The Superintendent Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated:08.07.2024 Coram:
THE HONOURABLE DR. JUSTICE G. JAYACHANDRAN V.Duraisamy .. Petitioner /versus/ 1.The Superintendent of Police, Namakkal District, Namakkal.
2.The Deputy Superintendent of Police, Namakkal, Namakkal District.
3.The Sub Inspector of Police, Erumapatti Police Station, Namakkal District.
.. Respondents Writ Petition has been filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondents to provide police protection for the temple festival viz., Sri Balayi Amman Thirukkoil situated at Devarayapuram Village, Senthamangalam Taluk, Namakkal District from 06.07.2024 to 12.07.2024 and also for conducting temple car and deity procession through North Street, Nadu Street, Rajavethi, Thuriyur Main Road, Uttanchatti Road and Poyar Street of Devarayapuram Village, Senthamangalam Taluk, Namakkal District.
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For Petitioner :Mr.V.Elangovan For Respondents :Mr.K.M.D.Muhilan, Government Advocate (Crl.Side) ------
ORDER
This petition is filed seeking police protection for conducting temple chariot procession at Devarayapuram Village, Senthamangalam Taluk, Namakkal District.
2.The petitioner herein, who claims to be the Committee Member of the Trust, which is maintaining the temple, is before this Court seeking police protection for 6 days temple festival, which includes chariot procession and deity procession in the streets of the village. 3.According to the petitioner, the festival is proposed to commence on 07.07.2024 and end on 12.07.2024. The request for police protection has not been considered by the respondent. Hence, the present Writ Petition is filed.
4. Counter filed by the Inspector of Police in-charge of 2/5
Erumapatti Police Station, indicates that around 100 persons, who belongs to that village opposing temple chariot procession and therefore, to avoid any untoward incident the police has declined to grant permission.
5. The learned Government Advocate (Crl.Side) appearing for the State submitted that it is the private temple and some of the villagers are not in favour of the private temple chariot procession in their streets.
6. This Court on considering the averments found in the counter is of the view that heeding to objection of handful of persons the respondent police cannot shirk their responsibility of providing protection for the religious procession, unless such objections have any reason or justification. As far as this case is concerned, the objection raised by the handful of persons has no justification and reason. Hence, the police is duty bound to provide protection.
7. The learned counsel appearing for the petitioner states that the organisers of the festival will ensure peaceful conduct of the festival 3/5
and conduct the festival without violating the police instruction.
8. Taking note of the undertaking, the respondents police is hereby directed to provide police protection as sought for by the petitioner. Accordingly, this Writ Petition is allowed. No costs. 08.07.2024 Index:yes/no ari Note:Issue order copy on 09.07.2024 To:
1.The Superintendent of Police,Namakkal District, Namakkal. 2.The Deputy Superintendent of Police, Namakkal, Namakkal District. 3.The Sub Inspector of Police, Erumapatti Police Station, Namakkal District.
4.The Public Prosecutor, High Court, Madras.
DR.G.JAYACHANDRAN,J.
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