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Madras High CourtCRL OP(MD)/295/2023disposed of

Pazha Kathiresan Chettiyar v. The Superintendent Of Police

2023-02-09Honourable Mr Justice K.Murali Shankar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.02.2023

CORAM

THE HON'BLE MR.JUSTICE K.MURALI SHANKAR Pazha Kathiresan Chettiyar ... Petitioner Vs.

1.The Superintendent of Police, Sivagangai District.

2.The Inspector of Police, Nerkuppai Police Station, Nerkuppai Village, Thiruppathur Taluk, Sivagangai District.

3.Maruthappan 4.Gankeyan ... Respondents PRAYER : Criminal Original Petition filed under Section 482 of the Criminal Procedure Code, to direct the second respondent to give adequate police protection to the life and limb of the petitioner on basis of his representation to the respondents dated 15.12.2022. For Petitioner : Mr.P.Venkatesan For R1 & R2 : Mr.R.Sivakumar Government Advocate (Crl. Side) 1/4

For R3 & R4 : Mr.R.M.Arun Swaminathan

ORDER

This Criminal Original Petition has been filed, invoking Section 482 Cr.P.C., seeking orders to direct the second respondent to give adequate police protection to the life and limb of the petitioner on basis of his representation to the respondents dated 15.12.2022. 2.Heard the learned counsel appearing for the petitioner, learned counsel appearing for the third and fourth respondents and the learned Government Advocate(Crl.side) appearing for the first and second respondents.

3.The learned Government Advocate(Crl.side) appearing for the first and second respondents would submit that the petitioner earlier filed a writ petition in W.P.(MD)No.28535 of 2022 against the Hindu Religious Charitable Endowment Board officials and Revenue officials seeking Writ of Mandamus directing the second and third respondents therein not to made any change in the customary practice prevailing in 2/4

the temple and also ensure to grand first honour to the petitioner's family during the festivals and other rituals to the deity god of the temple and consider the petitioner's representation dated 17.11.2022. He would further submit that this Court vide order dated 20.12.2022 observed that the petitioner has got effective alternative remedy to determine the question as to whether he is entitled by custom to any honour in the festival conducted in the religious institution by making necessary application under Section 63(e) of the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959, before the concerned Joint Commissioner and that the learned counsel for the petitioner sought permission of this Court to withdraw the writ petition and the same was ordered to be withdrawn. He would also submit that on the basis of the complaint of the petitioner, an enquiry was conducted and the same was ordered to be closed.

4.Recording the above said submission, this criminal original petition is disposed of.

09.02.2023 Index :

Yes / No Internet :

Yes / No gns 3/4

K.MURALI SHANKAR,J.

gns To 1.The Superintendent of Police, Sivagangai District.

2.The Inspector of Police, Nerkuppai Police Station, Nerkuppai Village, Thiruppathur Taluk, Sivagangai District.

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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