Miniyandi v. The District Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 31.01.2022

CORAM:

THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR W.P.No.1255 of 2022 Miniyandi ... Petitioner

Versus

1. The District Superintendent of Police, Erode District, Erode.

2. The Sub Inspector of Police, Vellithiruppur Police Station, Vellithiruppur, Anthiyur Taluk, Erode District.

3.Mathan 4.Miniyandi S/o Veerappan 5.Miniyandi S/o Ramasamy 6.Settu @ Miniyandi 7.Chinnasamy ... Respondents PRAYER: Writ Petition is filed under Article 226 of Constitution of India, directing the first and second respondents herein to give suitable police protection to the petitioner, who is the hereditary Trustee of the temple namely, Sri Akkaraipatti Muniyappan Koil situated at Maravapalayam, Mathur Village, Anthiyur Taluk, Erode District.

For Petitioner :

Mr.G.Munusamy For R1 & R2 :

Mr.E.Raj Thilak Additional Public Prosecutor

O R D E R

This Writ Petition is filed to direct the first and second respondents herein to give suitable police protection to the petitioner, who is the hereditary Trustee of the temple namely, Sri Akkaraipatti Muniyappan Koil situated at Maravapalayam, Mathur Village, Anthiyur Taluk, Erode District.

2.The contention of the petitioner is that the petitioner claims himself that he is a hereditary Trustee - cum - Poosari of Akkaraipatti Muniyappan Koil situated at Maravapalayam, Mathur Village, Anthiyur Taluk, Erode District. He further submits that his father and fore fathers were administering the Trust. Some of the family members claim right over the property. For which the petitioner's father had preferred a Second Appeal before this Court in S.A.No.1795 of 2003. This Court by order dated 19.12.2003 declared the petitioner's father as hereditary trustee. On 23.01.2021, the petitioner's father passed away, due to ill health. The petitioner has got two brothers and four sisters. The petitioner is the elder among them. Thereafter the petitioner has been carrying on the Hereditary rights of his father. One Mathan S/o.

Semban, Miniyandi, S/o. Veerappan, Miniyandi, S.o. Ramasamy, Settu @ Miniyandi S/o. Chinnasamy and Chinnasamy S/o. Raman are obstructing the petitioner to continue the service to the temple. Further they are carrying deadly weapons like crowbar and giving trouble to perform day-to-day administration of the temple and threatening the others who come to worship the temple. In view of the same, the petitioner had lodged a complaint before the respondent police and the respondent police have not taken any action.

3.The learned Additional Public Prosecutor submits that the petitioner had sent a complaint through post. If the petitioner appears before the second respondent in person along with the copy of the complaint and documents in support of his contention, after verifying the veracity of the complaint, the same would be considered and the obstructors would be called and thereafter appropriate action would be taken. 4.The learned counsel on instruction submits that the petitioner shall appear before the second respondent on 09.02.2022, along with the copy of the complaint and necessary documents in support of his contention. Thereafter the respondent is directed to conclude the enquiry, within a period of two weeks and disposed of the petitioner's complaint. 5.With the above directions, this Writ Petition stands disposed of. However, there shall be no order as to costs. Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar

ah To

1. The District Superintendent of Police, Erode District, Erode.

2. The Sub Inspector of Police, Vellithiruppur Police Station, Vellithiruppur, Anthiyur Taluk, Erode District.

3. The Public Prosecutor, High Court, Madras.

W.P.No.1255 of 2022 PMK(CO) CT 14/02/2022