A taxpayer filed a writ petition seeking police protection for the handover of a deity and pooja materials. The High Court held that without a civil court decision on rights to perform poojas, a blanket direction for police protection cannot be granted. The petition was dismissed.
The writ petition was dismissed and no costs awarded.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 22.06.2022
CORAM:
THE HONOURABLE MR.JUSTICE N. SATHISH KUMAR
W.P. No.11147 of 2022
K.Raju ... Petitioner
Vs.
PRAYER: Writ Petition is filed under Article 226 of Constitution of India, pleased to issue a Writ of Mandamus or any other appropriate writ, order or direction in the nature of writ, to direct the respondents 1 to 5 to provide adequate police protection to the petitioner for receiving the main Kulatheivam deity namely Kanji Oduvanka Nattu Konku Kulalalr Rajakkal Swamikal deity and pooja materials from the respondents 6 to 12 and to perform all the poojas as per the Custom and Rights till completing the year Subkiruthu, till 14.04.2023 by considering the petitioner's representation dated 19.04.2022.
For Petitioner : Mr.V.Vijayakumar
For Respondents : Mr.A.Gokuakrishnan Additional Public Prosecutor – R1 to R5 Mr.C.K.M.Appaji – R6 to R12
O R D E R
The Writ Petition has been filed to provide adequate police protection to the petitioner for receiving the main Kulatheivam deity namely Kanji Oduvanka Nattu Konku Kulalalr Rajakkal Swamikal deity and pooja materials from the respondents 6 to 12 and to perform all the poojas as per the Custom and Rights till completing the year Subkiruthu, till 14.04.2023 by considering the petitioner's representation dated 19.04.2022.
hearing the other side. The police have to see that no untoward incident takes place. In the event such an act leads to law and order problem, the police is at liberty to close the temple till the adjudication of the right is decided in the suit. In such view of the matter, no blanket direction for police protection can be given.
Sub Assistant Registrar
vrc
To
PA(CO) CB(06/07/2022)
2 issues framed by the court
Whether a blanket direction for police protection can be issued when civil court rights to perform poojas are undecided.
Whether the High Court can order police protection for temple deity handover pending adjudication of rights in a civil suit.
K.Raju
The Superintendent of Police, Erode District
The Superintendent of Police, Namakkal District
The Inspector of Police, Kanjikovil Police Station
The Inspector of Police, Chitode Police Station
The Inspector of Police, Puthuchattiram Police Station
N. SATHISH KUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
