P.Ramanathan v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.04.2021

CORAM:

THE HONOURABLE MR.JUSTICE G.ILANGOVAN P.Ramanathan

...Petitioner

Vs.

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

2.The Deputy Superintendent of Police, Manamadurai Division, Manamadurai, Sivagangai District.

3.The Inspector of Police, Thiruppuvanam Police Station, Thiruppuvanam, Sivagangai District.

4.R.Kothala Muniyandi 5.R.Pandi 6.L.Kishor 7.R.Durai 8.P.Jeyaprakash 9.R.Panchavarnam 10.The Superintendent, Sivaganga Devasthanam.

...Respondents/

Complainants (R-10 suo motu impleaded as per order of this Court dated 26.02.2021) PRAYER: Criminal Original Petition is filed under Section 482 of Cr.P.C, to direct the respondents 1 to 3 to give necessary police protection to the petitioner for conducting pooja in Arulmigu Sri Jothi Muniyandi Temple is located at Thiruppuvanam, Sivagangai District by considering the petitioner's representation dated 06.02.2021.

For Petitioner :Mr.S.Vishnuvaradhan For R-1 to R-3 :Mr.K.Suyambulinga Bharathi Government Advocate(crl.side)

O R D E R

This petition has been filed to direct the respondents 1 to 3 to give necessary police protection to the petitioner for conducting pooja in Arulmigu Sri Jothi Muniyandi Temple, which is located at Thiruppuvanam, Sivagangai District, by considering the petitioner's 1/3

representation dated 06.02.2021.

2.The case of the prosecution is that the petitioner is the poojari of Arulmigu Sri Jothi Muniyandi Temple. On.28.01.2021 at 10.30 a.m., the respondents 4 to 9 have trespassed into the said temple and removed the decoration of the idol and abused in filthy language and also given life threat to him. Hence, a criminal complaint was given by the petitioner against the respondents 4 to 9 before the third respondent, but no action was taken by the respondent police till date. All of a sudden, the respondents 4 to 9 prevented the petitioner from working as Poojari of the said temple. The action of the respondents 4 to 9 is totally illegal. Apart from that, they have no locas standi to prevent the petitioner. The petitioner's family alone working as Poojari in the said Temple for several decades.

Hence, the petitioner herein sent a representation on 06.02.2021 to the respondents 1 to 3 seeking police protection. After receipt of the representation, the respondents 1 to 3 have not taken any action against the respondents 4 to 9. Since no action has been taken by them, the petitioner is before this Court, with this present Criminal Original Petition. 3.According to the learned Government Advocate (crl.side) for the respondent police, based upon the complaint given by the petitioner, an enquiry was conducted on 13.02.2021 and both the parties were directed to appear before the Revenue Department for the purpose of conducting peace committee meeting and they were also agreed for the same.

4.According to the learned counsel for the petitioner, the process of peace committee meeting is going on and inspite of that, there is threat from the private respondents. 5.Since the process of peace committee meeting is going on, the prayer sought for in the present writ petition cannot be entertained. Hence, this Criminal Original Petition is closed with a direction to the petitioner to co-operate with the peace committee meeting and if any necessity arise in future, the petitioner is at liberty to file a fresh petition.

Sd/- Assistant Registrar (CS I) // True Copy // / /2021 Sub Assistant Registrar(CS) 2/3

Note: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned. To:

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

2.The Deputy Superintendent of Police, Manamadurai Division, Manamadurai, Sivagangai District.

3.The Inspector of Police, Thiruppuvanam Police Station, Thiruppuvanam, Sivagangai District.

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

09.04.2021 RP (26.05.2021) P 5C 3/3