1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:24.02.2011 CORAM: THE HONOURABLE MR.JUSTICE V.PERIYA KARUPPIAH Criminal Original Petition(MD)No.2392 of 2011 K.Rajan :Petitioner -Vs- 1. State represented by the Superintendent of Police, Virudhunagar District. 2. The Inspector of Police, Amathur Police Station, Amathur, (Sivakasi via), Virudhunagar District. :Respondents Prayer:Criminal Original Petition filed under Section 482 of Cr.P.C. to direct the respondents to provide police protection based on complaint dated 19.02.2011 to the first respondent to remove debris on 25.02.2011 and from 02.03.2011 to 04.03.2011 to the temple premises. For Petitioner :: M/s. P.Malini For Respondents :: Mr.L.Murugan,Govt. Advocate (Crl.side) ORDER This petition has been filed by the petitioner seeking for the police protection based on the complaint dated 19.02.2011 given to the first respondent to remove the debris on 25.02.2011 and from 02.03.2011 to 04.03.2011 within the temple premises and to pass such other necessary orders. 2. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.side) appearing for the State. 3. The learned counsel for the petitioner would submit in her argument that the petitioner is the Secretary of the Vishvakarma Oru Thalaikattu Pangalikalukku Pathiyappatta Arulmigu Sivasara Amman Entra Selaikariamman Kovil, Vellur, Sivakasi Circle, Virudhunagar District and he is managing the said temple and the right over the temple for the petitioner and other Pangalis were upheld in the judgment of this Court made in S.A.Nos.676 to 678 of 2010 dated 12.11.2010 and the petitioner has programmed for celebration of sixth aniversary of Masi Maha Shivarathiri festival on 02.03.2011 and for that the petitioner has to do the removal of debris and cleaning work in and around the temple and there is a possibility of restraints from the persons, who had denied the right of the petitioner in the temple which was negatived in the second appeal as aforesaid and the petitioner, who is armed with the judgment of this Court should have been protected by an order of Court by providing police protection for the purpose mentioned in the complaint dated 19.02.2011 and for the smooth celebration of the said festival. Therefore, she would request the Court that police protection may be ordered as per the request made in the petition. https://hcservices.ecourts.gov.in/hcservices/ 2 4. The learned Government Advocate (Crl.side) would submit in his argument that the said right over the temple management may be gone into from the judgment of this Court made in S.A.Nos.676 to 678 of 2010 dated 12.11.2010 and if the petitioner is entitled to the right over the management of the temple, suitable orders may be passed and the respondent police is ready to abide the directions of this Court to provide police protection. 5. Considering the submissions made by both sides, this Court could see that the petitioner was one of the respondents in the second appeal filed by the opposite side viz., Seeni Asari and M.Poongavanam in S.A.Nos.676 to 678 of 2010 and the said appeals filed by the opponents as appellants were dismissed and in the judgment passed by this Court on 12.11.2011 in para 14 of the judgment, it has been categorically accepted the evidence to the effect that the administration of the said temple is under the management of the plaintiffs in O.S.No.228 of 2006, who are none other than the respondents 1 to 13 in S.A.Nos.676 to 678 of 2010, in which the petitioner is figuring as 10th respondent. Now the phamplet produced would go to show that the petitioner, the Secretary to Vishvakarma Oru Thalaikattu Pangalikalukku Pathiyappatta Arulmigu Sivasara Amman Entra Selaikariamman Kovil, Vellur, Sivakasi Circle, Virudhunagar District had planned to celebrate the Shivarathiri festival on or from 02.03.2011 and for the said purpose, he has also planned to remove the debris in and around the temple and for that, he requests for police protection. 6. In the said circumstances, this Court find that the petitioner is legally entitled to maintain the said temple as per the judgment of this Court and therefore, he is entitled for police protection for doing the preparatory works by removing the debris and other necessary arrangements for the celebrations of the Shivarathiri festival as detailed in the complaint given on 19.02.2011 to the second respondent police. Accordingly, the second respondent police is directed to render police protection to the petitioner as sought for. The removal of debris shall be made on a date as per the convenience of the petitioner, after giving previous information to the second respondent. 7. With the aforesaid direction, this petition is ordered. Sd/- Deputy Registrar (LA) / TRUE COPY / Assistant Registrar To: 1. The Superintendent of Police, Virudhunagar District. 2. The Inspector of Police, Amathur Police Station, Amathur, (Sivakasi via), Virudhunagar District. 3. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. +1CC to M/s.P.Malini, Advocate. SR.No.10039. Akv Crl.O.P.(MD)No.2392 of 2011 RP/25.02.2011/2P/5C. 24.02.2011 https://hcservices.ecourts.gov.in/hcservices/