Sri Mariamman Temple v. The Deputy Superintendent Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 09.08.2019
CORAM
THE HONOURABLE Mr.JUSTICE N. ANAND VENKATESH Crl.O.P.No.21392 of 2019 Sri Mariamman Temple, Represented by its Hereditary Trustee V.Packirisamy, Sangiruppu Village, Tharangampadi Taluk, Nagapattinam District - 609 107.
... Petitioner Vs.
1.The Deputy Superintendent of Police, Mayiladuthurai, Nagapattinam District.
2.The Inspector of Police, Sembanarkovil Police Station, Nagapattinam District.
3.K.Mariyappan, S/o.Kathamuthu, Sangiruppu Village, N.P.Chavadi Post, Tranquebar Taluk, Nagai District.
... Respondents Prayer: Criminal Original Petition is filed under Section 482 of Criminal Procedure Code, praying to direct the respondents to provide adequate police protection to goddess procession from 09.08.2019 to 15.08.2019 and for the festival of "Theimedhi Thiruvizha" on 16.08.2019 at Sri Mariamman Temple situated at Sangiruppu Village, Kidarangondan Panchayat in Tharangambadi Taluk, Nagapattinam District, based on the petitioner's representation dated 05.08.2019.
For Petitioner : Mr.R.Kuyilan For Respondents : Mr.M.Mohamed Riyaz, Additional Public Prosecutor
O R D E R
This petition has been filed seeking for police protection to conduct the temple festival from 09.08.2019 to 16.08.2019 at Sri Mariamman Temple situated at Sangiruppu Village, Kidarangondan Panchayat in Tharangambadi Taluk, Nagapattinam District.
2. It is seen from the records that the petitioner has been appointed as a Hereditary Trustee by the proceedings of the Joint Commissioner, HR & CE Department, dated 20.06.2016. It is also seen that the temple is under the control of the HR & CE Department.
3. The learned counsel for the petitioner submitted that the impleaded respondent without any right and authority, is unnecessarily interfering with the conducting of the festival and therefore, the present petition has been filed before this Court.
4.
The learned Additional Public Prosecutor, on instructions, submitted that the impleaded respondent had created some problems last year and therefore, the police are expecting a law and order problem, if the festival is permitted to be conducted this time.
5. Taking into consideration the facts and circumstances of the case and also of the fact that the temple is under the control of the HR & CE Department and the petitioner is a Hereditary Trustee, appointed by the HR & CE Department, the Joint Commissioner of HR & CE, Mayiladuthurai, shall conduct the festival from 09.08.2019 to 16.08.2019 at Sri Mariamman Temple situated at Sangiruppu Village, Kidarangondan Panchayat in Tharangambadi Taluk, Nagapattinam District. The respondent police shall give sufficient protection during the festival and ensure that no law and order problem is created and if the impleaded respondent attempts to create any confusion, action shall be taken against him in accordance with law.
6. Accordingly, the petition is disposed of with the above direction. Consequently, connected miscellaneous petition is closed.
Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar ub To 1.The Deputy Superintendent of Police, Mayiladuthurai, Nagapattinam District.
2.The Inspector of Police, Sembanarkovil Police Station, Nagapattinam District.
3.The Additional Public Prosecutor High Court, Madras.
+1cc to Mr.R.Kuyilan, Advocate sr.68407 Crl.O.P.No.21392 of 2019 ss(co) nr 09/08/2019