Janakiraman v. State Rep. By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 09.03.2020

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.27313 of 2019 1.Janakiraman 2.Prabu Ganesh 3.Gnanavel 4.Kaliyaperumal 5.Ramesh .. Petitioner ..Vs..

1.State rep by the Inspector of Police, Kandamangalam Police Station, Kandamagalam, Vilupuram District.

2.J.Mahendra Varman .. Respondents Prayer: Criminal Original Petition filed under section 482 of Criminal Procedure Code, to call for the records and set aside the impugned order of the first respondent dated 28.09.2019 and consequently direct the first respondent to give police protection to conduct the day to day affairs of the temple"Sridevi Boomidevi Samedha Sri Abathpandavar Pandava Thoothu Perumal @ Sri Lakshmi Narayan Perumal" at Vazhudavur Village, Villupuram District.

For Petitioners : Mr.Nehru For Respondents : Mr.M.Mohamed Riyaz Additional Public Prosecutor for R1 : Mr.C.Prabakaran for R2 1/3

O R D E R

This petition has been filed to call for the records and set aside the impugned order of the first respondent dated 28.09.2019 and consequently direct the first respondent to give police protection to conduct the day to day affairs of the temple"Sridevi Boomidevi Samedha Sri Abathpandavar Pandava Thoothu Perumal @ Sri Lakshmi Narayan Perumal" at Vazhudavur Village, Villupuram District.

2.In the affidavit filed in support of the petition, it is stated that the temple is one of the oldest temples. The temple is coming under the HR & CE Department and the entire villagers have been worshiping the temple with the then existing deity as per the rites and customs for the past several decades. The Villagers have decided to demolish the temple and re-construct the temple in a suitable manner. Therefore, the temple construction committee have made arrangements by collecting funds from the villagers and proceeded with the work. The private respondents are trying to conduct consecration festival without performing the installation ceremony and without following Agama Rules.

3.The learned counsel for the petitioner submitted that the second respondent herein filed a writ petition in W.P.No.24875 of 2019 to stop the Pooja and other functions of the temple, claiming some bogus reasons. He further submitted that no interim order was granted as on date.

4. Heard both sides and perused the materials available on record.

5.Without going into the merits of this case, the first respondent is directed to conduct the peace committee meeting between the petitioners and the second respondent herein, after issuing notice to the concerned parties and the first respondent shall pass an appropriate order in accordance with law within a period of six weeks from the date of receipt of a copy of this order. In the mean while, both the parties are directed to maintain status-quo as on today.

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With the above direction, this Criminal Original Petition is disposed of. Consequently, the connected miscellaneous petition is closed.

-s/dAssistant Registrar True Copy Sub-Assistant Registrar tta To 1.The Inspector of Police, Kandamangalam Police Station, Kandamagalam, Vilupuram District.

2.The Public Prosecutor, High Court of Madras, Chennai.

+1 cc to M/s.Achari & Antoni Associates sr 20850 Crl.O.P.No.27313 of 2019 nr(co) aa30/07/2020 3/3