A.Radhakrishnan v. The District Executive Magistrate Cum

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.08.2023 CORAM :

THE HON'BLE MR.JUSTICE N.ANAND VENKATESH A.Radhakrishnan .. Petitioner

Versus

1. The District Executive Magistrate cum District Collector, Salem - 636 001.

2. The Taluk Executive Magistrate cum Tahsildar,

3. The Superintendent of Police, Nethimedu, Salem - 636 002.

4. The Deputy Superintendent of Police, Omalur,

5. The Joint Commissioner, Hindu Religious and Charitable Endowments, Salem - 636 001.

6. The Assistant Commissioner, Hindu Religious and Charitable Endowments, Salem - 636 001.

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7. The Fit Person, Arulmigu Mariamman Temple, Chickampetty,

8. The Inspector of Police, Tharamangalam Police Station, .. Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondents 3, 4 and 8 to provide adequate Police protection to secure and safeguard the 7th respondent's temple properties situated in S.No.55 at Chickampatty village, Omalur Taluk, Salem District, as per the communication of 6th respondent, dated 02.06.2023 in Na.Ka.No.5501/2017/E2 and also by considering the petitioner's representation dated 13.07.2023. For Petitioner : Mr.R.Marudhachalamurthy For Respondents : Mr.A.Damodaran, Additional Public Prosecutor, for RR-1 to 4 and 8

ORDER

This Writ Petition has been filed for a direction to the respondent Police to give Police protection based on the representation made by the petitioner on 13.07.2023.

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2. Heard Mr.R.Marudhachalamurthy, learned Counsel for the petitioner and Mr.A.Damodaran, learned Additional Public Prosecutor for the respondents 1 to 4 and 8.

3. It is brought to the notice of this Court that the Assistant Commissioner of H.R. and C.E., Department, Salem has already issued proceedings, dated 26.07.2023 and has directed the encroachment to be removed and in the said process, has also directed the concerned authority to take Police protection at the time of removing the encroachment. It is pursuant to this proceedings issued by the Assistant Commissioner, the petitioner is seeking for Police protection.

4. The learned Additional Public Prosecutor, on instructions, submitted the Police protection will be provided by the eighth respondent at the time of removal of the encroachment as requested by the Assistant Commissioner of H.R. and C.E., Salem.

5. Recording the submission of the learned Additional Public Prosecutor, this Writ Petition is disposed off. No costs. 3/6

03.08.2023 Index : yes/no Speaking order/Non-speaking order : yes/no grs To

1. The District Executive Magistrate cum District Collector, Salem - 636 001.

2. The Taluk Executive Magistrate cum Tahsildar,

3. The Superintendent of Police, Nethimedu, Salem - 636 002.

4. The Deputy Superintendent of Police, Omalur,

5. The Joint Commissioner, Hindu Religious and Charitable Endowments, Salem - 636 001.

6. The Assistant Commissioner, Hindu Religious and Charitable Endowments, Salem - 636 001.

7. The Inspector of Police, Tharamangalam Police Station, 4/6

8. The Public Prosecutor, High Court of Madras.

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N.ANAND VENKATESH, J.

grs 03.08.2023 6/6