Karuppaiah v. The State Rep By The Sup. Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :30.01.2020

CORAM

THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA Karuppaiah ... Petitioner Vs.

1.The State Rep by the Superintendent of Police, Sivagangai District, Sivagangai.

2.The Inspector of Police Singampunari Police Station, Sivagangai District.

... Respondents PRAYER:- Petition filed under Article 226 of the Constitution of India seeking a Writ of Mandamus, to direct the second respondent to provide necessary police protection during the conduct of the Annathanam Function during the coming Taipoosam festival day on 8.2.2020 in the petitioner's own premises situated at Survey no.364/19 situated at Vengaipatti village, Sivagangai district on the basis of the representation dated 14.01.2020. For Petitioner : Mr.B.Jameel Arasu For Respondents : Mrs.S.Bharathi Government Advocate(Crl.Side)

ORDER

This Writ Petition has been filed seeking a direction to the second respondent to provide necessary police protection to conduct Annathanam Function during Taipoosam festival on 08.02.2020, in the petitioner's own premises situated at Survey No.364/19, Vengaipatti village, Sivagangai District on the basis of the representation, dated 14.01.2020.

2. Heard both sides.

3. The learned counsel for the petitioner would submit that the petitioner and his family members have been providing Annathanam to the pilgrims for the past several years and it has been continuous practice of the petitioner to provide Annathanam on a particular date and that he had intended to perform Annathanam on 08.02.2020.

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4. The grievance of the petitioner is that he had sought permission and protection to conduct Annathanam on 08.02.2020 in his premises, the petitioner made a representation on 14.01.2020 to the first and second respondents and the said representation was not considered so far. Hence, the present Writ Petition has been filed for the aforesaid relief.

5. The learned Government Advocate (criminal side) would submit that they have no objection in granting permission and provide police protection. She would further submit that the Director General of Police, in his proceedings in Rc.No.007301/Genl.I(1)/2019 dated 09.04.2019 has issued circular to Commissioner of Police, Superintendent of Police and all the Station Housing Officer and directed them to follow the procedure and instruct the petitioner seeking permission to conduct Annathanam, to comply with the conditions and permission may be granted subject to the petitioner agreeing to comply with the said conditions by filing necessary undertaking before the respondent police.

6. In view of the same, the respondent police shall provide police protection to the petitioner for conducting Annathanam in his own premises during Taipoosam festival on 08.02.2020.

7. The petitioner is also directed to ensure that the conditions are strictly complied with and also to ensure that no law and order problem is created in the course of conducting Annathanam.

8. The writ petition stands disposed of with the above directions. However, there shall be no order as to costs. Sd/- Assistant Registrar(CS-III) // True Copy // / /2020 Sub Assistant Registrar(CS) Ls To 1.The Superintendent of Police, Sivagangai District, Sivagangai.

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2.The Inspector of Police Singampunari Police Station, Sivagangai District.

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

+1 CC to M/s.B.JAMEEL ARASU, Advocate ( SR-4054[F] dated 31/01/2020 ) 30.01.2020 GKG(CO) TR(04.02.2020) 3P 5C 3/3