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Madras High CourtCRL OP(MD)/8780/2017disposed of

Administrative Committee v. The Secretary,

2017-07-10Honourable Mr Justice S.S. Sundar3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10.07.2017

CORAM

THE HONOURABLE MR.JUSTICE S.S.SUNDAR Crl.O.P.(MD) No.8780 of 2017 Administrative committee, CSI Diocese of Tirunelveli, Represented by its Financial Administrator, by Mr.Jeya Kumar Jeyaraj, Diocesan Office, No.5, Punithavadiyar Street, Palayamkottai, Tirunelveli District.

... Petitioner -Vs1. The State of Tamil Nadu, Represented by its Secretary, Department of Home, Fort St. George, Chennai.

2. The District Collector, Tirunelveli District, Tirunelveli.

3. The Commissioner of Police, Tirunelveli City, Tirunelveli.

4. The Deputy Commissioner of Police, Commissioner of Police, Tirunelveli, Tirunelveli.

5. The Inspector of Police, Palayamkottai Police Station, Tirunelveli, Tirunelveli District.

...Respondents

Prayer:Petition filed under Section 482 of Code of Criminal Procedure to direct the respondents Nos.3 to 5 to provide adequate police protection for the peaceful celebration of Mambala Sangam Diocesan festival scheduled to be celebrated on 11.07.2017 to 13.07.2017 by the petitioner committee.

For Petitioner : Mr.Ajmal Khan,Senior Counsel, for Ajmal Associates.

For Respondent : Mr.A.Muthukaruppan, Additional Government Pleader.

O R D E R

This petition has been filed directing the respondents 3 to 5 to provide adequate police protection for the peaceful celebration of Mambala Sangam Dioceson Festival scheduled to be held between 11.07.2017 to 13.07.2017 by the petitioner committee. 2.From the petition, it appears that there is some dispute with regard to the administration of Diocese. It is, in this circumstances, the petitioner has come forward with the present petition.

3.It is the case of the petitioner that the supervisory authority of all the diocese in the state, namely the Synod, has appointed a Committee, after taking over the management of CSI Diocese, in exercise of power under Rule 15(c) of the constitution of Church of South India to undertake the administration of the Diocese as a representative body of Synod.

4.It appears that the validity of the appointed committee is also in dispute by another set of people. In the said circumstances, a representation has been made by the petitioner seeking police protection for functioning of the administrative committee of the Synod in the office and also celebration of Mambala Sangam Dioceson Festival.

5.Though police protection was sought for regarding the functioning of the Administrative Committee for day to day administration, the learned senior counsel appearing for the petitioner submits that he does not press that portion of the representation. However, regarding the celebration of Mambala Sangam Dioceson Festival for three days, there can be a direction to the respondents to give police protection. 6.This Court has already noticed that there is dispute with regard to the appointment of the Administrative Committee of the Synod.

7.In the said circumstances, this Court is not in a position to consider the claim of the petitioner. However, the third respondent is directed to consider the representation dated 26.06.2017, after giving opportunity to the persons interested. 8.The learned Additional Government Pleader, also submitted that there is a dispute between two groups in relation

to the administration of Diocese in toto. In such circumstances, the third respondent is directed to call for the parties who are interested and try to find out the possibilities of an amicable settlement regarding the conduct of festival, in order to protect the sentiments of the people who may gather in relation to the festival. Even if there is no possibility of settlement, it is open to the third respondent taking into account the interest of the public and maintenance of law and order to pass appropriate order so that the festival can be conducted peacefully by considering the representation of the petitioner. Sd/- Assistant Registrar(CS-III) /True Copy/ Sub Assistant Registrar To

1. The Secretary, The State of Tamil Nadu, Department of Home, Fort St. George, Chennai.

2. The District Collector, Tirunelveli District, Tirunelveli.

3. The Commissioner of Police, Tirunelveli City, Tirunelveli.

4. The Deputy Commissioner of Police, Commissioner of Police, Tirunelveli, Tirunelveli.

5. The Inspector of Police, Palayamkottai Police Station, Tirunelveli, Tirunelveli District.

+1cc to M/S. AJMAL ASSOCIATES, Advocate, SR.No.64331. Crl.O.P.(MD) No.8780 of 2017 10.07.2017 gsp/cmr SDS/SKN:RSK/SAR 4/10.07.2017/3P/7C