Velu Servai v. The Superintendent Of Police
BEFORE THE MADURAI BENGH OF MADRAS HIGH COURT DATED:05.09.2019
CORAM
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Velu Servai ... Petitioner Vs 1.The Superintendent of Police, Sivagangai,
2) The Deputy Superintendent of Police, Thirupathur,
3) The Inspector of Police, Thirupathur,
4) The Sub Inspector of Police, Kandavarayanpatti Police Station,
5) Vairavan Servai
6) Sekar
7) Thennavan
8) Sundaram
9) Rathakrishnan
10) Murugesan ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus directing the respondents 1 to 4 to provide police protection for the petitioner to conduct the Kumbabisegam of Arulmigu Pidaiamman Kovil on 11.09.2019 from 6:00 a.m. to 11:00 a.m. at Suntakkadu alias Vaiyakalathur Village, Thirupathur Taluk, Sivagangai District.
1/3
For Petitioner : Mr.T.K.Gopalan For RR 1 to 4 : Mr.R.Anandharaj, Additional Public Prosecutor.
O R D E R
This petition is filed for a direction to the respondents 1 to 4 to provide police protection for the petitioner to conduct the Kumbabisegam of Arulmigu Pidaiamman Kovil on 11.09.2019 from 6:00 a.m. to 11:00 a.m. at Suntakkadu alias Vaiyakalathur Village, Thirupathur Taluk, Sivagangai District.
2. It is seen that there was an issue between the petitioner group and the sixth respondent group, in which, a complaint was lodged and the same was referred before the Revenue Divisional Officer, Devakottai and the Revenue Divisional Officer initiated proceedings under Section 107 Cr.P.C. and the enquiry is going on. The same is posted for further enquiry on 09.09.2019.
3. While so, the learned Additional Public Prosecutor appearing for the official respondents submitted that the petition made by the petitioner cannot be considered.
4. Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing for the official respondents. However, in this regard, the second respondent is directed to conduct an enquiry on the complaint lodged by the petitioner herein seeking to provide police protection after issuing notices to the rival parties and also to give an opportunity of hearing and pass orders on merits and in accordance with law after the outcome of the proceedings initiated under Section 107 of Cr.P.C on the file of the Revenue Divisional Officer, Devakottai.
5. With these directions and observations, this Writ Petition is disposed of. No costs.
SD ASSISTANT REGISTRAR ( CRL SIDE ) TRUE COPY SUB ASSISTANT REGISTRAR ( CS IV ) sts To 1.The Superintendent of Police, Sivagangai, 2/3
2) The Deputy Superintendent of Police, Thirupathur,
3) The Inspector of Police, Thirupathur,
4) The Sub Inspector of Police, Kandavarayanpatti Police Station,
5) The Revenue Divisional Officer, Devakottai.
6) The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
1CC TO MR. T.K.GOPALAN, ADVOCATE SR 85537 JMN 9/9/2019 3P 8C Order made in Dated: 05.09.2019 3/3