The Tamil District Council Of The v. The Commissioner Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 28.11.2022
CORAM
THE HONOURABLE Mr. JUSTICE G.K.ILANTHIRAIYAN and WMP.No.30662 of 2022 The Tamil District Council of the South India Assemblies of God, Through its authorized person, Rev.Anandan Alexander.K.
S/o.Koil, having office at No.30, Navalur Nagar, 1st street, Madurai.
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Petitioner Vs 1.The Commissioner of Police, Thiruppur City, Thiruppur District.
2.The Assistant Commissioner of Police, Thirupur North, Thirupur District.
3.The Sub-Inspector of Police, Thiruppoor North,Thiruppoor District.
4.The Revenue Divisional Officer, Thiruppoor, Thiruppoor District.
5.Rev.Paramanandam 6.The Assembly of god Church, Thiruppur,through its Associate Pastor, Not.10/22, Ramaiya Colony, West 3rd Street, Ward 20, Thiruppur, Thiruppur District.
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Respondents
PRAYER: Writ petition has been filed under Article 226 of the Constitution of India for issuance of a writ of mandamus directing the 2nd and 3rd respondents to remove the lock and handover the key to the petitioner in respect of the petitioner's property/6th respondent church situated in T.S.No.328-7-1 in 20th Ward, Ramaiya Colony, Municipal Town, Tiruppur to the petitioner's council and consequently, direct the respondents 2 & 3 not to interfere in the civil dispute and peaceful prayer activities of the 6th respondent church.
For Petitioner : Mr.K.Samidurai For Respondent : Mr.S.Santhosh Nos.1 to 4 Govt.Advocate (Crl.side)
O R D E R
This writ petition has been filed to direct the 2nd and 3rd respondents to remove the lock and handover the key to the petitioner in respect of the petitioner's property/6th respondent church situated in T.S.No.328-7-1 in 20th Ward, Ramaiya Colony, Municipal Town, Tiruppur to the petitioner's council and consequently, direct the respondents 2 & 3 not to interfere in the civil dispute and peaceful prayer activities of the 6th respondent church.
2.Heard the learned counsel for the petitioner and the learned Govt.Advocate (Crl.side) for the respondent.
3.It is seen from the records that on receipt of the complaint from the petitioner, the third respondent registered FIR as against the 5th respondent and others in Crime No.372 of 2022 for the offences punishable under Sections 147, 148, 427, 294(b) & 506(i) IPC. At the same time, locked the disputed premises and referred the matter for initiating proceedings under Section 107 Cr.P.C. before the 4th respondent. On receipt of the same, the 4th respondent initiated proceedings for the offence under Section 107 Cr.P.C. and issued summons to the petitioner to be appeared on 05.03.2022. According to the petitioner, it is pending for enquiry without passing any order so far and the said premises is under lock and key.
4.Considering the above submission, the 4th respondent is directed to complete the enquiry after issuing notice to the petitioner and the
concerned parties within a period of four weeks from the date of receipt of a copy of this order and pass orders on merits and in accordance with law.
In view of the above, the writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed. Index: Yes/No 28.11.2022 Internet: Yes/No sms/mrp To 1.The Commissioner of Police, Thiruppur City, Thiruppur District.
2.The Assistant Commissioner of Police, Thirupur North, Thirupur District.
3.The Sub-Inspector of Police, Thiruppoor North,Thiruppoor District.
4.The Revenue Divisional Officer, Thiruppoor, Thiruppoor District.
5.The Public Prosecutor, High Court, Madras.
G.K.ILANTHIRAIYAN, J.
sms/mrp and WMP.No.30662 of 2022 28.11.2022