Madras High CourtCRL OP(MD)/11225/2020disposed of

Kannan v. The Commissioner Of Police

2020-10-13Honourable Mr Justice G.R.Swaminathan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.10.2020

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P(MD)No.11225 of 2020 Kannan ... Petitioner Vs 1.The State of Tamilnadu rep. through its, The Commissioner of Police, Madurai City, 2.The Tahsildar, Madurai East Taluk, Taluk Office, Narasingam, 3.The Inspector of Police, K.Pudur Police Station, K.Pudur, 4.C.Satheesh (R4 is impleaded as per the order of this Court made in M.P.(MD)No.5164 of 2020 dated 13.10.2020) ... Respondents PRAYER: Petition filed under Section 482 Code of Criminal Procedure, to direct the first respondent and third respondent police to grant permission and protection to the petitioner and his family members to conduct his daughter's marriage on 26.10.2020 between 08.00 a.m., to 11.30 a.m., at his family temple viz., Sri Thanayiramoorthi and Sri Irulayee Amman Temple, Uthangudi Village, Madurai East Taluk, Madurai District 625 107 on the basis of the petitioner's representation dated 29.09.2020.

For Petitioners : Mr.P.M.Vishnuvarthanan For R1 to R3 : Mr.V.Neelakandan Additional Public Prosecutor For R4 : Mr.K.S.Seenivasan

ORDER

This Criminal Original Petition has been filed for obtaining police protection for performing the petitioner's daughter marriage on 26.10.2020 in the petition mentioned place. 1/4

2.Thiru.K.S.Seenivasan, learned counsel, appearing for the intervenor pointed out that there is a serious dispute between the parties and that it is pending for adjudication in O.S.No.406 of 2004 on the file of the First Additional District Judge, Madurai. 3.Since the Court below will be in a better position to appreciate the factual aspects, I direct the petitioner to move the learned trial Judge by filing an I.A today itself. In the said I.A, the petitioner can very well name the jurisdictional Tahsildar as well as the jurisdictional Police as respondents. I.A will be numbered immediately and the petitioner can serve advance notice to all the respondents named in the I.A through E.Mail / Whatsapp. The learned trial Judge is directed to give a disposal to the I.A on merits and in accordance with law on 16.10.2020.

I make it clear that this direction is given because the petitioner has projected an urgency. I make it clear that I have not gone into the merits of the matter. It is entirely for the learned trial Judge to take a call in the matter. All the contentions of both the parties are left open. The only direction, I give, is permission to the petitioner to move the Court below and a direction for its disposal by Friday. Beyond this, I have not said anything else. 4.This Criminal Original Petition is disposed of.

Sd/- Assistant Registrar (CS II) // True Copy // / /2020 Sub Assistant Registrar(CS) rmi 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 Commissioner of Police, Madurai City, 2.The Tahsildar, Madurai East Taluk, Taluk Office, Narasingam, 2/4

3.The Inspector of Police, K.Pudur Police Station, K.Pudur, 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Copy to:

The First Additional District Judge, +1cc to Mr.K.S.SEENIVASAN,ADVOCATE, SR NO.19955 Crl.O.P(MD)No.11225 of 2020 13.10.2020 MA(CO) KK(13.10.2020) 3P 7C 3/4