Venkatesan v. State Of Tamil Nadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 01.08.2016

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH W.P.No.26737 of 2016 and WMP.No.22956 of2016 Venkatesan .. Petitioner Vs

1. State of Tamilnadu, Rep.by Inspector of Police, Anandapuram Police Station,

2. Deputy Superintendent of Police, Gingee, Gingee Taluk,

3. Dhanasekar

4. Natarajan ..

Respondents Prayer:- This Writ petition has been filed under Article 226 of the Constitution of India for a writ of Mandamus directing the respondents 1 & 2 to provide police protection for the 18th day of Aadi Month' festival to be held on 02.08.2016 and 03.08.2016 at Sree Muneeswaran Temple situated at Kallallipet Village, Gingee Taluk, Villupuram District and to prevent any unpleasant or untoward incident at the instance of the respondents 3 &4 and their henchmen.

For Petitioner :Mr.K. Balu For Respondents :Mr.C.Emalias Additional Public Prosecutor

ORDER

This Writ Petition has been filed for a writ of Mandamus directing the respondents 1 & 2 to provide police protection for the 18th day of Aadi Month' festival to be held on 02.08.2016 and 03.08.2016 at Sree Muneeswaran Temple situated at Kallallipet Village, Gingee Taluk, Villupuram District and to

prevent any unpleasant or untoward incident at the instance of the respondents 3 &4 and their henchmen.

2. Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the respondents 1 & 2.

3. It is seen that the petitioner has filed a suit in O.S.No.333 of 2015 before the Learned Principal District Munsif, Gingee against one Natarajan and four others. In the said suit, the petitioner appears to have obtained an interim order in I.A.No.1378 of 2015, in his favour on 28.10.2015 restraining the defendants therein from interfering with his rights to manage the affairs of Sree Muneeswaran Temple and the same has been made absolute on 30.06.2016.

4. While so, it is submitted by the learned counsel for the petitioner that the Sree Muneeswaran Temple's festival is to be held on 02.08.2016 (Tuesday) and therefore, a petition was given to the respondent police to give police protection and the respondent police had referred the matter to the Thashildar Gingee and peace meeting was held on 28.07.2016. It is further contended by the learned counsel for the petitioner that the opposite party did not appear for the peace meeting.

5. Under such circumstances, the petitioner is directed to appear in person before the first respondent along with this order and give a fresh representation. On receipt of such representation, the respondent police is directed to enquire into the same and take action in accordance with law by ensuring that no untoward incident takes place during the festival.

With the above direction, this Writ petition is closed. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar(CS VII) //True Copy// Sub Assistant Registrar To

1. State of Tamilnadu, Rep.by Inspector of Police, Anandapuram Police Station,

2. Deputy Superintendent of Police, Gingee, Gingee Taluk,

3. The Public Prosecutor, High Court, Madras.

+1cc to Mr.K.Balu, Advocate Sr.43397 W.P.No.26737 of 2016 and WMP.No.22956 of2016 MP1[co] srg 01/08/2016