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Madras High CourtWP Crl./865/2025dismissed

Sengodan v. The Revenue Divisional Officer,

2025-09-17Honourable Mr Justice N. Sathish Kumar5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 17-09-2025

CORAM

THE HONOURABLE MR JUSTICE N. SATHISH KUMAR Sengodan S/o.Late. Erusa Gounder, Appellant(s) Vs

1. The Revenue Divisional Officer, Gobichettipalayam, Erode District.

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

3.The Inspector of Police, Anthiyur Police Circle, Erode District.

4.The Sub - Inspector of Police, Vellitiruppur Police Station, vellitiruppur , Bhavani Taluk, Erode District.

5.Periya Poosari @ Thoppanallagounder, Respondent(s) 1/5

PRAYER This writ petition has been filed under Article 226 of the Constitution of India to issue a writ of mandamus directing the Respondent Nos.1 to 4 to consider the petitioner's representation dated 23.07.2025 to restrain the Respondent No.5 and his family members, men or agents from conducting any festival in the Erusiamman Kovil Situated at Vedikarampalayam, Kunakkapalayam Madapillai, Olagadam Village, Bhavani Taluk, Erode District for the year 2025 from 17.08.2025 to 16.09.2025 as per the Judgment and Decree dated 18.02.2019 made in O.S.No. 28/2017 on the file of the principal District Munsiff, Bhavani.

For Appellant(s):

Mr. B.Mohan For Respondent:

Mr. R.Vinothraja, Govt. Advocate (crl.side) for R1 to R4 Mr.S.Keran, for R5

ORDER

The petitioner seeks a direction to restrain the respondent no.5 and his family members from conducting any festival in Edusiammam Kovil. 2/5

2. The petitioner has sought such relief based on the decree passed in O.S.No.280 of 2017 on the file of the District Munsif, Bhavani.

3. I have heard the learned counsel appearing for the petitioner and the learned Government Advocate (crl.side) appearing for the respondents 1 to 4 and perused the materials available on records carefully.

4. On perusal, it is seen that the decree and judgment in O.S.No.280 of 2017 are under challenge before the Appellate Forum in A.S.Nos.8 and 9 of 2020. However, no order of stay has been granted so far in those appeals. The decree and judgment of the Trial Court clearly indicate that the respondent no.5 is restrained from interfering with the Pooja to be conducted in the month of "Avani", i.e., till 17.09.2025.

5. In such view of the matter, the period for which protection is sought has already lapsed. Hence, at this stage, this Court is not inclined to grant any police protection. The parties can very well adjudicate their rights before the 3/5

appellate forum, where the appeal is pending.

6. Accordingly, this Writ Petition (Criminal) is dismissed. 17-09-2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes mrp To 1.The Revenue Divisional Officer, Gobichettipalayam, Erode District.

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

3.The Inspector of Police Anthiyur Police Circle, Erode District.

4.The Sub - Inspector of Police, Vellitiruppur Police Station, vellitiruppur , Bhavani Taluk, Erode District.

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N.SATHISH KUMAR J.

mrp 17-09-2025 5/5