Madras High CourtCRL OP/20265/2019disposed of

K.Paranthaman v. The Superintendent Of Police

2019-08-01Honourable Mr Justice N. Anand Venkatesh4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 01.08.2019

CORAM

THE HONOURABLE Mr.JUSTICE N. ANAND VENKATESH Crl.O.P.No.20265 of 2019 and W.P.No.22140 of 2019 Crl.O.P.No.20265 of 2019 K.Paranthaman ... Petitioner Vs.

1.The Superintendent of Police, O/o.The Superintendent of Police, 2.The Deputy Superintendent of Police, O/o.The Deputy Superintendent of Police, Gingee, 3.The Sub Inspector of Police, Ananthapuram Police Station, 4.Venkatesan 5.Manimaran 6.Munusamy ... Respondents Prayer : Criminal Original Petition filed under Section 482 of Criminal Procedure Code, to direct the respondents 1 to 3 herein to give suitable police protection to the 18th day Aadi Month festival to be held on 03.08.2019 at Sri Muneeswaran Temple situated Kallalipattu Village, Gingee Taluk, Villupuram District. For Petitioner : M/s.P.K.Ganesh For Respondent : Mr.M.Mohamed Riyaz, Additional Public Prosecutor for R1 to R3

W.P.No.22140 of 2019 Venkatesan ... Petitioner -Vs1. The State of Tamil Nadu, Rep. by Inspector of Police, Anandapuram Police Station, Villupuram District 2.Deputy Superintendent of Police, Gingee, Gingee Taluk, 3.Dhanasekar 4.Natarajan ... Respondents Prayer:

Writ Petition filed under Article 226 of the Constitution of India for issue a Writ of Mandamus direct the respondents 1 & 2 to provide police protection to the 18th day Aadi Month Festival to be held on 03.08.2019 at Sri Muneeswaran Temple situated at Kallalipattu Village, Gingee Taluk, Villupuram District and to prevent any unpleasant or untoward incident at the instance of the respondents 3 and 4 their henchmen.

For Petitioner : Mr.M.R.Jothimanian for Mr.K.Balu For Respondent : Mr.M.Mohamed Riyaz, Additional Public Prosecutor for R1 to R3 C O M M O N O R D E R These petitions have been filed seeking for police protection to conduct the "18th day Aadi Month Festival" to be held on 03.08.2019 at Sri Muneeswaran Temple situated at Kallalipattu Village, Gingee Taluk, Villupuram District.

2. The counsel appearing for the parties submitted that during last year, there was a resolution passed in the Administrative Committee on 01.08.2018 and the festival was conducted in accordance with that resolution. The same arrangement can be made for this year also. The counsel on either side agreed that both the parties will conduct the festival peacefully in accordance with the agreement reached

between the parties last year and in accordance with law the resolution passed by the Administrative Committee on 01.08.2018. 3.

The learned Additional Public Prosecutor, on instructions, submitted that last year there was some problem when the festival was conducted by one of the party and therefore both the parties must be directed to given an undertaking affidavit that they will conduct the festival in a peaceful manner without giving raise to any law and order problem and will also comply with the reasonable conditions that will be imposed by the respondent police.

4. The learned counsel appearing on either side submitted that such an undertaking will be given before the respondent police.

5. Taking into consideration the facts and circumstances of the case, there shall be a direction to the Inspector of Police, Anandapuram Police Station, Villupuram District, to grant permission and police protection for the "18th day Aadi Month Festival" at Sri Muneeswaran Temple situated at Kallalipattu Village, Gingee Taluk, Villupuram District, which is undertaken to be conducted in accordance with the resolution passed by the Administrative Committee, dated 01.08.2018, after getting an undertaking affidavit from both the parties that they will conduct the festival in a peaceful manner without giving raise to any law and order problem and they shall comply with the reasonable conditions imposed by the respondent police. Both the parties are also directed to pay a cost of Rs.10,000/- to the Inspector of Police, Anandapuram Police Station, Villupuram District. 6.With the above directions, these Petitions are disposed of.

-s/d- Assistant Registrar(CCC) True Copy Sub-Assistant Registrar To 1.The Superintendent of Police, O/o.The Superintendent of Police,

2.The Deputy Superintendent of Police, O/o.The Deputy Superintendent of Police, Gingee, 3.The Sub Inspector of Police, Ananthapuram Police Station, 4.The Public Prosecutor, High Court, Madras.

5. The Inspector of Police Anandapuram Police Station +1 CC to Mr.K.Balu, Advocate sr 65876.

+1 CC to Mr.P.K. Ganesh, Advocate sr 65782.

Crl.O.P.No.20265 of 2019 and W.P.No.22140 of 2019 JP(CO) SP(01/08/2019)