Mahalingam v. The Superintendent Of Police,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:11.08.2018

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN W.P(MD).No.17844 of 2018 Mahalingam .. Petitioner Vs.

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

2.The Inspector of Police, Pulivalam Police Station, Pulivalam, Tiruchirappalli District.

3.Veerasamy .. Respondents Prayer : This petitioner is filed under Article 226 of Constitution of India, to issue a Writ of Mandamus, directing the first and second respondents to provide adequate police protection to the petitioner for peacefully working in the temple namely Sri Patchiamman Temple, Manchanallur, Trichy District and to the life and limb of the petitioner as per his representation dated 05.08.2018. For Petitioner : Mr.M.Siddharthan For R1 and R2 : Mr.M.Pandiarajan Additional Government Pleader

ORDER

This Writ Petition has been filed by the petitioner for direction directing the first and second respondents to provide adequate police protection to the petitioner for peaceful worship in the temple namely Sri Patchiamman Temple, Manchanallur, Trichy District and to his life.

2.By consent of both parties this writ petition is taken up for final disposal at the stage of admission itself. 3.The petitioner averred that the the temple viz., Sri Patchiamman Temple, Manchanallur, Trichy District is belonging to a particular community. There are 60 families belonging to the said community residing around the said temple. The third respondent is the Poojari in the said temple and he does not care of the temple and his activities. In order to wreck vengeance against the petitioner and his community members, he closed the temple and kept the key https://hcservices.ecourts.gov.in/hcservices/

with him. The petitioner, being the Secretary of Management of temple, lodged a complaint before the first and second respondents about closer of temple. But the respondents police have not taken any action. On 13.08.2018, Aadi Pooja will be celebrated in the said temple, in which the petitioner and his community people have to participate. The third respondent threatened the petitioner and his community people with dire consequences and he would not allow them to worship on the said temple, on 13.08.2018. Therefore, he submitted a representation, dated 05.08.2018 to the first and second respondents for adequate protection. After receipt of the same, there is no action taken by the respondents police. Therefore, the petitioner filed the present petition for evolve such direction. 4.Heard both sides.

5.The learned counsel for the first and second respondents submits that they received the said representation and the same is under consideration.

6.Considering the above facts and circumstances, without going into the merits of the case, this Court is inclined to direct the second respondent to consider the representation of the petitioner dated 05.08.2018 and pass appropriate orders to give adequate police protection to the petitioner and his community people to worship in Sri Patchiamman Temple at Manchanallur, Trichy District and also to participate in the Aadi Pooja to be held on 13.08.2018, on or before 12.08.2018.

7.With the above directions, the Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar(AS) /True copy/ Sub Assistant Registrar(CS III) rmk To 1.The Superintendent of Police, Tiruchirappalli District, Tiruchirappalli.

2.The Inspector of Police, Pulivalam Police Station, Pulivalam, Tiruchirappalli District.

1CC TO MR. T. SIDDHARTHAN, ADVOCATE SR 78223 JM SKN SAR 1 11 8 2018 2P 4C W.P(MD).No.17844 of 2018 https://hcservices.ecourts.gov.in/hcservices/