Madras High Court
R.Palanivelan vs The Superintendent Of Police on 6 December, 2022
Author: G.Chandrasekharan
Bench: G.Chandrasekharan
W.P.No.32878 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 06.12.2022
CORAM:
THE HONOURABLE MR.JUSTICE G.CHANDRASEKHARAN
W.P. No. 32878 of 2022
R.Palanivelan ... Petitioner
Vs.
1.The Superintendent of Police,
Namakkal District,
Namakkal.
2.The Deputy Superintendent of Police,
Paramathi – Vellore Sub-Division,
Namakkal District.
3.The Inspector of Police
Paramathi – Vellore Police Station,
Paramathi – Vellore,
Namakkal District.
4.The Joint Commissioner
Hindu Religious & Charitable Enrolment
Erode Zone, Erode.
5.The Revenue Divisional Officer,
Namakkal Division,
Namakkal. ...Respondents
PRAYER: Writ Petition is filed under Article 226 of Constitution of India,
pleased to issue a Writ of Mandamus, directing the respondents 1 to 3 issue
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W.P.No.32878 of 2022
the police protection to the temple festival of Arulmigu Unjapalayam
Karuppannasamy Thirukoil Mohanoor Taluk, Namakkal District dated
09.12.2022 to 11.12.2022 as per the 4th respondent proceedings dated
18.11.2022 and the petitioner representation dated 28.11.2022.
For Petitioner : Mr.K.Karthikeyan
For Respondents : Mr.S.Santhosh (for R1,2,3 & 5)
Government Advocate (Crl.Side)
: Mr.K.Karthikeyan
Government Advocate
(HR & CE) for R4.
ORDER
The Writ Petition has been filed to direct the respondents 1 to 3 to issue police protection to the temple festival of Arulmigu Unjapalayam Karuppannasamy Thirukoil Mohanoor Taluk, Namakkal District dated 09.12.2022 to 11.12.2022 as per the 4th respondent proceedings dated 18.11.2022 and the petitioner's representation dated 28.11.2022.
2.The learned counsel for the petitioner submitted that petitioner is the President of Hereditary Trustee of Arulmigu Unjapalayam Karuppannasamy Thirukoil, Mohnoor Taluk, Namakkal district. The Joint Commissioner, Erode, finding that some rival parties have staked claim for conducting temple festival in the year 2021; taking note of the situation including, law ________ https://www.mhc.tn.gov.in/judis Page 2 of 8 W.P.No.32878 of 2022 and order problem, while giving permission to the Hereditary Trustees to conduct temple festival on 09.12.2022, 10.12.2022 & 11.12.2022, directed the authorities, especially the Revenue Divisional Officer, Namakkal, Deputy Superintendent of Police, Vellore, Tahsildar, Mohanoor and Inspector of Police, Vellore to provide appropriate security to avoid any untoward happenings from the rival party. However, the Police has not responded positively, necessitating filing of this Writ Petition.
3.The learned Government Advocate (Criminal Side) submitted that Peace Committee meeting is scheduled today between the Hereditary Trustees and the rival claimants.
4.The learned counsel for the petitioner per contra reiterated by saying that petitioner has not received any notice regarding Peace Committee meeting.
5.Be that as it may be. The Joint Commissioner of HR & CE gave permission in Na.Ka.No.9117 of 2022 dated 18.11.2022, for the conduct of the temple festival from 09.12.2022 to 11.12.2022 by the Hereditary Trustee ________ https://www.mhc.tn.gov.in/judis Page 3 of 8 W.P.No.32878 of 2022 of Arulmigu Unjapalayam Karuppannasamy Thirukoil Mohanoor Taluk, Namakkal District and directed the aforesaid authorities to provide proper security. Therefore, in view of the permission given by the Joint Commissioner of HR & CE in Na.Ka.No.9117 of 2022 dated 18.11.2022, this Court is of the view that the directions may issued to the respondents 1 to 3 to give Police protection to conduct temple festival of Arulmigu Unjapalayam Karuppannasamy Thirukoil Mohanoor Taluk, Namakkal District from 09.12.2022 to 11.12.2022.
6.With the above direction, this Writ Petition is allowed. No costs.
06.12.2022 Index :Yes/No Internet:Yes/No ep Note: Issue order copy on 06.12.2022 ________ https://www.mhc.tn.gov.in/judis Page 4 of 8 W.P.No.32878 of 2022 To
1.The Superintendent of Police, Namakkal District, Namakkal.
2.The Deputy Superintendent of Police, Paramathi – Vellore Sub-Division, Namakkal District.
3.The Inspector of Police Paramathi – Vellore Police Station, Paramathi – Vellore, Namakkal District.
4.The Joint Commissioner Hindu Religious & Charitable Enrolment Erode Zone, Erode.
5.The Revenue Divisional Officer, Namakkal Division, Namakkal
6.The Public Prosecutor, High Court of Madras.
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