The Thyagaraya Nagar Social Club v. The Commissioner Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 29.10.2021
CORAM:
THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR CRL.OP.NO.20351 OF 2021 The Thyagaraya Nagar Social Club Rep. By its Hony. Secretary Mr.Sinora P.S.Ashok ... Petitioner
Versus
1. The Commissioner of Police, Greater Chennai Police, Office of the Commissioner of Police, Vepery, Chennai - 600 007.
2. The Inspector of Police, R1 Mambalam Police Station, No.1, Madley Road, Chennai - 600 017.
... Respondents PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure to issue a direction to the respondent authorities to provide adequate police protection on 31.10.2021 to the petitioner's club viz. The Thyagaraya Nagar Social Club, (T.Nagar Social Club), Regd.S.No.12/1931-32, at No.1, Nageswara Road, Off: Venkatanarayana Road Panagal Park, T Nagar, Chennai-600 017 and its election officer Mr.S.Manoharan, Retired District Judge for preventing non-members of the club and persons not permitted by the election officer and the petitioner management from entering the club premises and for peacefully conducting the AGM and election of the club on 31.10.2021.
For Petitioner : M/s.S.Thanka Sivan For Respondent : Mr.R.Vinothraja (Government Advocate Crl.Side)
O R D E R
This petition has been filed to issue a direction to the respondent authorities to provide adequate police protection on 31.10.2021 to the petitioner's club viz. The Thyagaraya Nagar Social Club, (T.Nagar Social Club), Regd.S.No.12/1931-32, at No.1, Nageswara Road, Off: Venkatanarayana Road Panagal Park, T Nagar, Chennai-600 017 and its election officer Mr.S.Manoharan, Retired District Judge for preventing non-members of the club and persons not permitted by the election officer and the petitioner management from entering the club premises and for peacefully conducting the AGM and election of the club on 31.10.2021.
2.The Thyagaraya Nagar Social Club is to conduct the election on 31.10.2021. The election is to be conducted by Mr.S.Manoharan, Retired District Judge, who is appointed as Chief Election Officer, to conduct the election, as per the order of this Court dated 07.10.2021 in O.A.No.631 of 2021 in C.S.No.309 of 2021.
3.The apprehension of the Club is that there seems some rivalry between the members of the Club in contesting the election and there might be some disturbances created by the rivalry groups and the possibility of law and order problem is very much there. Further the election process itself would be stalled.
4.For conducting peaceful election as per the direction of this Court, the Club seeks police protection and it reiterates that the Chief Election Officer is appointed by this Court to conduct election and on the direction of this Court, the security arrangements can be made by the respondent police. The respondent police is to provide security arrangements and give protection for peaceful conduct of election. 5.The learned Government Advocate [Crl. Side] submits that a representation has been received from the Club, seeking police protection in respect of conducting the election, as there is some rivalry between the groups in the Club. The respondent/police would give protection for the smooth conduct of the election depending up-on the ground situation.
6.In view of the same, the respondent/police is hereby directed to provide protection and ensure peace during election and conduct the same as directed by this Court by the Chief Election Officer.
Sd/- Assistant Registrar(CS-II) // True Copy // Sub Assistant Registrar ah/skr To
1. The Commissioner of Police, Greater Chennai Police, Office of the Commissioner of Police, Vepery, Chennai - 600 007.
2. The Inspector of Police, R1 Mambalam Police Station, No.1, Madley Road, Chennai - 600 017.
3. The Public Prosecutor, High Court, Madras.
+1cc to Mr.S.Thanka Sivan, Advocate, S.R.No.56161 Crl.OP.No.20351 of 2021 GJ(CO) RLP(29/10/2021)