THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No.16609 of 2009 DATE:13.08.2009 Between: Sri Rajasthani Jain Swethamber Morthy Poojak Sangh, a registered society, Kanchar Bazar, Secunderabad. ... Petitioner and The Inspector of police, Mahankali Police Station, Secunderabad and others ... Respondents THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No.16609 of 2009 ORDER: This writ petition is filed by the petitioner society seeking a Writ of Mandamus to declare the action of respondents in not providing police protection, on its representation dated 30.07.2009, as illegal and arbitrary. 2. The case of the petitioner society, in brief, is that it is a society registered, under the A.P. Societies Registration Act, and its object is to promote religious and charitable works and also to promote cooperation among the Jain community. While so, some persons, on the ground that their names were not included in the body of the society, started interfering with its affairs. Hence, the petitioner society has filed a suit in O.S.No.530 of 2008 on the file of the III Addl. Senior Civil Judge, City Civil Court, at Secunderabad, against them, seeking injunction, and obtained an ad interim injunctiion in I.A.No.1929 of 2008 on 23.11.2008, a copy of which is filed into Court. Subsequently, as the said persons impersonating them as office bearers of the society, started collecting donations from the devotees, the society has also filed a criminal case against them in C.C.S.R.No.7350 of 2008 on the file of the XI Additional Chief Metropolitan Magistrate, Secunderabad, and the learned Magistrate referred the matter to Mr. P. S. Mahankali for investigation on 27.08.2008, who in turn, registerd the same as a case in crime No.316 of 2008, a copy of which is filed into Court. When the police authorities failed to take action, the society also filed W.P.No.14703 of 2009 before this Court and the same was disposed of, by an order dated 05.08.2009, directing the 1st respondent herein to investigate into the matter and to file charge sheet/report within six months. The defendants in O.S.No.530 of 2008, by misusing the name of the society, maliciously filed a suit in O.S.No.105 of 2009 on the file of the 1st Additional Chief Judge, City Civil Court, Secunderabad, against the society, along with I.A.No.1550 of 2009 seeking interim injunction , but the lower court, after hearing both the parties, rightly dismissed the said application, by an order dated 06.07.2009, holding that the petitioner society alone is entitled to manage its properties, a copy of the said order is filed into Court. As the petitioner society is performing Chaturmas festival of Jains from 14.08.2009, the unsuccessful plainitiffs in O.S No.105 of 2009, who are the unsuccesful defendants in O.S.No.530 of 2008, are illegally planning to interfere with the performance of Chaturmas festival. In this connection, the petitioner society has already given a detailed representaton to the respondents, on 30.07.2009, seeking police protection, a copy of which is filed into Court, but till now the respondents have not taken any action. Being aggrieved by the same, the petitioner society filed this writ petition. 3. Heard the learned counsel for the petitioner society as well as the learned Government Pleader for Home. 4. After considering the submissions made by both the learned counsel, having gone through the documentary evidence adduced on behalf of the petitioner, and in view of the fact that a representation was given by the petitioner society to the respondents on 30.07.2009 and the same is very much pending them, this Court is of the view that this writ petition can be disposed of with a direction to the respondents to consider the representation of the petitioner society. 5. Accordingly, this writ petition is disposed of, at the stage of admission, directing the respondents to consider the representation of the petitioner dated 30.07.2009 and pass necessary orders thereon, within a period of seven (7) days from today. There shall be no order as to costs. _________________________ GOPALA KRISHNA TAMADA, J 13th August, 2009 CBS THE HON’BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No.16609 of 2009 (Disposed of) 13th August, 2009 CBS