Madras High CourtWP(MD)/10704/2018disposed of

M.Kumaresan, v. The Sub Inspector Of Police

2018-05-18Honourable Mr Justice M.S. Ramesh2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.05.2018

CORAM:

THE HONOURABLE MR.JUSTICE M.S.RAMESH W.P(MD)No.10704 of 2018 M.Kumaresan : Petitioner Vs.

1.The Sub Inspector of Police, Thogamalai Police Station, Karur District.

2.V.Sangilimuthu : Respondents PRAYER: Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the 1st respondent to give adequate police protection to the petitioner and to Sri Bhagavathiamman Temple, Telungupatti, Kulithalai Taluk, Karur District for conducting the festival from 18.05.2018 to 23.05.2018. For Petitioner : Mr.S.Poorna Karnan for Mr.Murali For R.1 : Mr.M.Murugan Government Advocate

O R D E R

This writ petition has been filed seeking a Writ of Mandamus, directing the 1st respondent to give adequate police protection to the petitioner and to Sri Bhagavathiamman Temple, Telungupatti, Kulithalai Taluk, Karur District for conducting the festival from 18.05.2018 to 23.05.2018.

2. According to the learned Counsel for the petitioner, the second respondent is causing hindrance to the smooth conduct of the temple festival.

3. In my view, the decision to extend police protection is for the respondent and based on the ground reality. This Court exercising its powers under Article 226 of Constitution of India, may not be justified in giving findings on the same. Nevertheless it would be appropriate to direct the first respondent to consider the request of the petitioner after giving due opportunity to any rival claimants and take a decision thereby.

4. In the light of the above observations, the petitioner is at liberty to approach the first respondent by way of representation and on receipt of such a representation, the first respondent shall consider the same on its own and merits and in accordance with law, after affording due opportunity to the second respondent as well as any other interest persons in this regard. Such an exercise shall be https://hcservices.ecourts.gov.in/hcservices/

done on or before 19.05.2018.

5. This writ petition is disposed of on above terms. No costs. Sd/- Vacational Officer /True Copy/ Sub Assistant Registrar To The Sub Inspector of Police, Thogamalai Police Station, Karur District.

+1CC to Mr.R.Murali,Advocate in sr no.65836.

ORDER MADE IN W.P(MD)No.10704 of 2018 18.05.2018 dsk/msa JM/NM RSK/SAR 1/18.05.2018/2P/3C/ https://hcservices.ecourts.gov.in/hcservices/