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2024 Supreme(Online)(Mad) 89126

IN THE HIGH COURT OF JUDICATURE AT MADRAS
N. ANAND VENKATESH, J
PARAMASIVAM – Appellant
Versus
THE SUPERINTENDENT OF POLICE – Respondent



IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 28.02.2024 CORAM THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Writ Petition No.4955 of 2024 Paramasivam S/o.Angamuthu ... Petitioner Vs.

1.The Superintendent of Police, Office of the Superintendent of Police, Tiruchengode Road, Namakkal District.

2.The Inspector of Police, Rasipuram Police Station, Rasipuram, Namakkal - 637 408.

3.Selvam S/o.Muthu @ Kannupaiyan

4.Rani W/o.Selvam ...Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India, pleased to issue a Writ of Mandamus directing the respondents 1 and 2 to give adequate police protection to the Arulmigu Sr.Varadharaja Perumal Temple located in Therkupatty, Chandrasekarapuram Village, Rasipuram Taluk, Namakkal District, for playing suprabatham at 5 a.m. and for announcing time from 6 am to 8 pm followed by chanting mantra with an interval of one hour using speakers without interference from the respondents 3 and 4 by considering the petitioner's representation dated

27.12.2023.

For Petitioner : Mr.M.Mohamed Riyaz for Mr.S.Senthil For Respondents : Mr.A.Damodaran Additional Public Prosecutor [R1 & R2]

*****

O R D E R

This writ petition has been filed for a direction to the respondent police to give police protection in order to enable the suprabatham played through speakers from 05.00 a.m. and for chanting of mantra every hour from 6.00 a.m. to 8.00 p.m. daily.

2. Heard Mr.M.Mohamed Riyaz, learned counsel for petitioner and Mr.A.Damodaran, learned Additional Public Prosecutor appearing for respondents 1 and 2.

3. Learned Additional Public Prosecutor, on instructions, submitted that the parties were enquired and the complaint that was given by both sides was closed.

4. In the considered view of this Court, the nature of dispute sounds very innocuous. According to the petitioner, suprabatham is played through speakers everyday at 5.00 a.m. and this practice has been followed in that village for a long time. That apart, there is also a mantra that is being played once in an hour from 6.00 a.m. to 8.00 p.m. which runs to one minute every time. Since the rival parties are residing in that locality, they are being disturbed because of this and they have a small child whose sleep is also disturbed

5. For a dispute of this nature, a writ Court has been approached.

Considering the frivolous nature of the dispute, there shall be a direction to the second respondent to call the parties and strike a via media and ensure that the practice is not discontinued and at the same time, the respondents 3 N.ANAND VENKATESH, J gm and 4 are not put to any serious hardship. This process shall be completed by the second respondent within a period of one (1) week from the date of receipt of a copy of this order.

This Writ Petition is disposed of in the above terms. No costs.

28.02.2024 Index : Yes/No Speaking Order/Non-speaking Order Neutral Citation : Yes/No gm To

1.The Superintendent of Police, Office of the Superintendent of Police, Tiruchengode Road, Namakkal District.

2.The Inspector of Police, Rasipuram Police Station, Rasipuram, Namakkal - 637 408.

3.The Public Prosecutor, High Court of Madras.

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