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Madras High CourtWP/15539/2024disposed of

Chennappa v. The State Represented By

2025-03-04Honourable Mr Justice G.K. Ilanthiraiyan5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 04.03.2025

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN and W.M.P.No.16899 of 2024

1. Chennappa

2. Sri Ramachandran ... Petitioners Vs

1. The State Represented By The Inspector of Police, Maharajakadai Police Station, Krishnagiri District.

2. Chennappan

3. Chennappan

4. Mallappa Naidu ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of Writ of Mandamus, to direct the first Respondent police not to interfere with the petitioners temple Assets / belongings right and not to harass the petitioners. For Petitioners : Mr.G.Dilipkumar For R1 : Mr.A.Gopinath Government Advocate (Crl.side) For R2 : Mr.R.Vijayakumar

ORDER

This Writ Petition has been filed for direction directing the first Respondent police not to interfere with the petitioners temple Assets / belongings right and not to harass the petitioners.

2. Heard the learned counsel on either side and perused the materials available on record.

3. The petitioner had purchased the property to an extent of 4.02 acres comprised in S.No.812/1 and 0.14 acres comprised in S.No.836/2, situated at Eakkalanatham Village, Krishnagiri Taluk, Krishnagiri along with a temple. The first petitioner is the Trustee and the second petitioner is the Deputy Trustee of the temple called "Sri Sennaiya Suvami Temple". While being so, the respondents 2 to 4 herein interfered with the administration of the Temple and also claiming right over the temple. Though it is civil in nature, the first respondent interfered with their dispute and harassed the petitioner.

4. The case of the respondents 2 to 4 herein is that the

petitioners never purchased any land along with the temple. The petitioners are holding right over the land and not over the temple. Now, the petitioners are attempting to usurp the entire property of the temple along with other jewels asset.

5. Therefore, it is seen that there is a dispute between the respondents 2 to 4 herein in respect of their right and title over the temple. Therefore, the first respondent has no role to play in the civil dispute pending between the petitioners and the respondents 2 to 4 herein in respect of "Sri Sennaiya Suvami Temple".

6. In view of the above, the first respondent is directed not to interfere with the civil dispute between the petitioners and the respondents 2 to 4 herein. Further, the petitioners and respondents 2 to 4 herein are at liberty to approach the civil Court for appropriate relief to ascertain the right over the temple, in the manner known to law, if so advised. At the same time, if any illegality committed by the petitioners or the respondents 2 to 4 herein, the first respondent is at liberty to take

appropriate action as against them, in accordance with law.

7. With the above directions, this Writ Petition petition is disposed of. Consequently, connected Miscellaneous petition is closed. No costs.

04.03.2025 Index : Yes/No : Yes/No Speaking/non-speaking order mn To

1. The Inspector of Police, Maharajakadai Police Station, Krishnagiri District.

2. The Public Prosecutor, High Court, Madras.

G.K.ILANTHIRAIYAN. J, mn 04.03.2025