A.L.Subramanian v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 30.01.2024

CORAM

THE HON'BLE MR.JUSTICE SATHI KUMAR SUKUMARA KURUP CRL.O.P (MD) No.1259 of 2024 A.L.Subramanian

...Petitioner

vs 1.The Superintendent of Police, 2.The Inspector of Police, Nerkuppai Police Station, 3.Selvaraj 4.Nagarasu 5.S.P.Chandran 6.K.Chokkalingam 7.R.Chandran 8.R.Karuppaiah 9.C.Kannan 10.Nithya 1/6

11.Lakshmi

...Respondents

PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying, to direct the 1st and 2nd respondent to ensure the life and limb of the petitioners and his family members from the hands of the respondent No.3 to 11 and provide adequate police protection to the petitioner and his family members.

For Petitioner : Mr.S.Ayyanar Prem Kumar For R1 & R2 : Mr.T.Senthil Kumar Additional Public Prosecutor

O R D E R

The learned Counsel for the Petitioner submits that this Criminal Original Petition is filed to direct the Respondents 1 and 2 to provide police protection to the Petitioner and his family members. 2.The learned Additional Public Prosecutor submits that earlier this Court had passed orders in W.P.(MD) No.112 of 2024 filed by the Petitioner and others, which was disposed of by this Court on 05.01.2024. The relevant paragraph of the order passed in W.P.(MD) No.112 of 2024 dated 05.01.2024 reads as under:- 2/6

"6. It is also seen that the tax has been collected from the petitioners side and tax has been paid to the authorities and there is no difference between the parties except the prayer in a temple. This Court directs respondents 6 & 7 namely 75 family members shall conduct the ceremony of Pongal on 14.01.2024 from 06.00 a.m., to 02.00 p.m., and thereafter, on the same day at 03.30 p.m., the petitioners group shall conduct the ceremony of Pongal till 09.00 p.m., in the night. This order shall continue until further orders. It is made clear that all parties have to maintain peace and law and order without fail.

7. The Inspector of Police, who is occupying the chair of the Inspector of Police, Nerkuppai Police Station, Sivagangai District will ensure the smooth functioning of the Pooja every year will ensure the smooth functioning of said Pooja and if there is any violation of these conditions, the Inspector of Police is at liberty to take him action by closing the temple and send everyone out of the temple to maintain law and order. It is also made clear that there shall be no first respect to any of the parties to be given and all are to be treated equally."

3.On instructions from the second Respondent, the learned Additional Public Prosecutor submits that till date both the parties had not worshipped in the temple. Now, peace committee meeting is convened by the Revenue Divisional Officer, Devakottai.

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4.Recording the submission of the learned Additional Public Prosecutor, the Revenue Divisional Officer, Devakottai shall summon the parties fixing the date and time for enquiry and on receipt of summons, both the parties are directed to appear before the Executive Magistrate/the Revenue Divisional Officer, Devakottai. The Revenue Divisional Officer, Devakottai, after conducting enquiry within his discretion as Executive Magistrate, may pass appropriate orders either permitting or restraining both the parties within the reasonable period of 15 days from the date of issuance of summons.

With the above directions, this Criminal Original Petition is disposed of.

Internet:Yes./No 30.01.2024 Index:Yes/No mm To 1.The Superintendent of Police, 4/6

2.The Inspector of Police, Nerkuppai Police Station, 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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SATHI KUMAR SUKUMARA KURUP , J.

mm CRL.O.P (MD) No.1259 of 2024 30.01.2024 6/6