Narayanasamy v. The Superintendent Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED :22.08.2019
CORAM
THE HONOURABLE Mr.JUSTICE N. ANAND VENKATESH Crl.O.P.No.22654 of 2019 Narayanasamy ... Petitioner Vs.
1.The Superintendent of Police, Perambalur District, Perambalur.
2.The Deputy Superintendent of Police, Mangalamedu Region, Perambalur District.
3.The Inspector of Police, Mangalamedu Police Station, Perambalur District.
4.Manickam 5.Murugan 6.Selvarasu
7. The Assistant Commissioner, HR& CE Department, Perambalur District.
(R7 impleaded Suo Motu by this Court order dated 22.08.2019) ... Respondents Prayer: Criminal Original Petition is filed under Section 482 of Criminal Procedure Code, to issue direction to the respondents 1 to 3 to give police protection to the petitioner and his people and safeguard the rights celebrating the Mariamman Temple Festival to be conducted on 24.08.2019 at South Street, Perumathur Kunnam Taluk, Perambalur District - 621 717, based on the petitioner's representation dated 19.08.2019. For Petitioner : Mr.D.Ashok Kumar For Respondent : Mr.M.Mohamed Riyaz, Additional Public Prosecutor for R1 to R3 Mr.M.Maharaja Special Government Pleader for HR&CE for R7
O R D E R
This Court Suo Motu impleads the Assistant Commissioner, HR & CE Department, Perambalur, as a respondent in this case.
2. This petition has been filed seeking for police protection to conduct the festival which is scheduled to be held on 24.08.2019 at Mariamman Temple, Perumathur Kunnam Taluk, Perambalur District - 621 717.
3. It is seen from records that there is a dispute between two communities in conducting the festival. The temple is said to be under the control of the HR & CE Department. This Court, therefore, Suo Motu impleaded the Assistant Commissioner of HR & CE, Perambalur as a respondent.
4.
Mr.Maharaja, learned Special Government Pleader, appearing on behalf of the HR & CE Department, submitted that the Assistant Commissioner, can be directed to conduct the festival and persons belonging to all the communities can be permitted to participate in worshipping the god, at the time of the festival. The learned counsel further submitted that joint Commissioner, HR & CE Department, Trichy, can be directed to depute the concerned Officer to conduct the festival.
5. Heard, the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing on behalf of the respondents R1 to R3 and the Special Government Pleader appearing on behalf of the 7th respondent.
6. Taking into consideration the facts and circumstances of the case and the shortage of time, since the festival is going to be conducted on 24.08.2019, this Court deems it fit to direct the Assistant Commissioner, HR & CE Department, Perambalur, to conduct the festival. This will ensure that every one is permitted to participate in the festival irrespective of their community.
7. The 3rd respondent police is directed to provide necessary police protection to ensure that the festival is celebrated in a peaceful manner without giving raise to any law and order problem. If any person attempts to create any law and order problem, action shall be immediately taken in accordance with law.
8. Accordingly, the petition is disposed of with the above direction.
s/d- Assistant Registrar True Copy Sub-Assistant Registrar
To 1.The Superintendent of Police, Perambalur District, Perambalur.
2.The Deputy Superintendent of Police, Mangalamedu Region, Perambalur District.
3.The Inspector of Police, Mangalamedu Police Station, Perambalur District.
4.The Assistant Commissioner, HR& CE Department, Perambalur District.
5. The Public Prosecutor High Court,Madras 104.
+1 CC to Mr.D.Ashok Kumar, advocate sr 72010. Crl.O.P.No.22654 of 2019 PM(CO) SP(22/08/2019)