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Madras High CourtCRL OP(MD)/8710/2016disposed of

K.Marnadu v. The Superintendent Of Police

2016-06-10Honourable Dr. Justice S. Vimala3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10.06.2016

CORAM:

THE HONOURABLE DR. JUSTICE S.VIMALA Crl.O.P.(MD).No.8710 of 2016 K.Marnadu .. Petitioner Vs.

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

2. The Revenue Divisional Officer, Aruppukottai,

3. The Deputy Superintendent of Police, Tiruchuli Division,

4. The Sub-Inspector of Police, A.Mukkulam Police Station, Tiruchuli Taluk, .. Respondents PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C. praying to direct the respondents to provide adequate Police Protection to the life and limb of the petitioner and his family members to participate and worship the Arulmigu Karuppanasamy Temple Festival situated in Government promboke land more particularly in S.No.33/15, V.Karisalkulam Village, Tiruchuli Taluk, Virudhunagar District on the representation of the petitioner, dated 31.05.2016.

For Petitioner : Mr.M.Saravanakumar For respondents : Mr.A.P.Balasubramani, Government Advocate (Criminal side)

ORDER

It is an application seeking a direction to the respondents to provide adequate Police protection to the life and limb of the

petitioner and his family members to participate and worship in the temple festival.

2.Heard the learned counsel for the petitioner and the learned Government Advocate (Crl. Side) for the respondents. 3.The learned counsel for the petitioner submitted that there are interference on the side of the villagers, as the petitioner and his family members were excommunicated from their community. 4.The learned counsel for the respondents would submit that there was an enquiry with regard to the complaint of the petitioner dated 31.05.2016, under which the petitioner claimed that certain customary rights are to be performed by him before the temple and after enquiry, both parties have agreed to seek a solution in respect of the customary right of parties before the Civil Court.

5.Now, the learned counsel for the petitioner would submit that the relief can be confined to providing Police protection only to the extent of paying worship in the temple for a specified time, to which the learned counsel for the respondents is agreeable.

6.In view of the above submission, the fourth respondent Police is directed to provide adequate Police protection to the petitioner and his family members on 10.06.2016 for three hours ie., from 7.00 p.m. to 10.00 p.m. to offer worship in the Arulmigu Karuppanasamy Temple Festival situated in Government Promboke land, more particularly in S.No.33/15, V.Karisalkulam Village, Tiruchuli Taluk, Virudhunagar District.

7.This Criminal Original Petition is accordingly disposed of. Sd/- Assistant Registrar (Records) /True copy/ Sub Assistant Registrar To

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

2. The Revenue Divisional Officer, Aruppukottai,

3. The Deputy Superintendent of Police, Tiruchuli Division,

4. The Sub-Inspector of Police, A.Mukkulam Police Station, Tiruchuli Taluk,

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

+ 1 CC TO MR.M.SARAVANAKUMAR, ADVOCATE IN SR No. 29392 GCG TE/SK-SKN/SAR-I : 13/06/2016 : 3P/7C Crl.O.P(MD)No.8710 of 2016 10.06.2016