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Madras High CourtCRL OP/23058/2018dismissed

A.Veerasamy v. The Inspector Of Police

2018-10-04Honourable Mr Justice P. N. Prakash3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 04.10.2018

CORAM

THE HONOURABLE Mr.JUSTICE P.N.PRAKASH CRL.O.P.No.23058 of 2018 A.Veerasamy .. Petitioner Vs The Inspector of Police, Andimadam Police Station, Ariyalur District. .. Respondent Criminal Original Petition filed under Section 482 of Cr.P.C., praying to permit the petitioner to conduct the Muthumari Amman temple Aadi festival at Alagapuram village and same was conduct the Kappu Kattuthal, Karagam jodithal and Sakthialithal in serve No.168 in Alagapuram village, Andimadam Taluk, Ariyalur district dated 08.10.2018 to 18.10.2018 in by the considering the representation of the petitioner dated 15.08.2018.

For Petitioner : Mr.T.Balachandran For Respondent : Mr.C.Raghavan Government Advocate

O R D E R

This Criminal Original Petition has been filed to direct the respondent to provide police protection on the basis of petitioner's representation dated 15.08.2018. 2.Heard the learned counsel appearing for the petitioner and the Government Advocate and perused the materials placed on record.

3.Today Mr.P.Natesan, Sub Inspector of Police, Andimadam Police Station is present before this Court. Police have filed a detailed counter, wherein, in para No.2, 3 and 6, it is stated as follows:

"2.It is submitted that the petitioner herein

belongs to Hindu Dravidar Community and further submitted that they conduct Aadi festival Muthmari Amman Koil temple at Azhagapuram village at Kuttakarai lake in Survey No.168 till 2017.

3.It is submitted that during 2017 before the Aadi festival, a peace committee meeting was conducted on 14.07.2017 under the head of Revenue Divisional Officer, Udayarpalayam; Thasildhar, Andimadam, Addl. Superintendent of Police, Ariyalur, Inspector of Police, Jayamkondam i/c. Andimadam, Inspector of Police (AWPS), Jayakondam and Azhagapuram Village people belongs to Hindu Adi Dravidar and Hindu vanniyar. During the peace meeting, the following conditions were put-on ● Decided that Azhagapuram Village Hindu Adi Dravidar people has to conduct the Aadi festival at Kuttakarai lake in Survey No.168 only upto the year 2017.

● Further decided that from the year 2018 onwards, Adi Dravidar people has to conduct the Aadi festival Muthumariamman Koil Temple at Pudhukuttai Lake in Survey No.149/1.

● In future the M.B.C people should not object to conduct festival at Pudhukuttai Lake in Survey No.149/1 in Azhagapuram Village.

● During festival period, the police protection has to be provided for 3 days [i.e.from 18.07.2017 to 20.07.2017] ● Both communities have assured that they had not create any Law & order Problem during the festival time. If it is not so, the action will be taken against the concerned.

Hence the above conditions were accepted by both communities and also duly signed by them in the presence of the above witnesses and public and hence the Aadi Festival Muthumariamman Koil temple in Azhagapuram Village in Kuttakarai lake Survey No.168 was held peacefully during the year 2017.

6.It is submitted that according to the above said para alleged by the petitioner is not maintainable, since based on the conclusion of the peace meeting, that the festival has to be conducted by the Hindu Adi Dravidar at Azhagapuram Village in Pudukuttai Lake Survey No.149/1 not in Kuttakarai Lake in Survey No.168 and the same was accepted and signed by the said community. It is also to be noted, if they should not obey the condition, action will be taken against them which was arrayed during the said peace meeting."

4.Learned counsel for the petitioner would submit that on the previous year, the petitioner conducted the ceremonies very peacefully and there will not be any law and order problem. However, from the averments in the counter filed by the Police, it is seen that the petitioner and the members of his community have entered into an accord, in the presence of the Police agreeing to conduct the festival from 2018 onwards in Survey No.149/1. Therefore, no police protection can be granted to the petitioner for conducting the festival in Survey No.168 as prayed for by the petitioner. Hence, this petition is devoid of merits and dismissed.

Sd/- Deputy Registrar //True copy// Sub Assistant Registrar tta To 1.The Inspector of Police, Andimadam Police Station, Ariyalur District.

2.The Public Prosecutor, High Court, Madras.

+1cc to Mr.T.Balachandran, Advocate SR.No.68414 CRL.O.P.No.23058 of 2018 GMY(17/10/2018)