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Madras High CourtWP Crl./1563/2025closed

S.Madhalai Muthu v. The District Collector

2026-01-07Honourable Mr Justice A.D.Jagadish Chandira5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.01.2026

CORAM:

THE HON'BLE MR. JUSTICE A.D.JAGADISH CHANDIRA S.Madhalai Muthu ... Petitioner Vs.

1.The District Collector, Office of District Collector, Krishnagiri District.

2.The Tahsildar, Tahsildar Office, Bargur Taluk, Krishnagiri District.

3.The Superintendent of Police Office of the Superintendent of Police, Krishnagiri District.

4.The Deputy Superintendent of Police, Office of the Deputy Superintendent of Police, Bargur Taluk, Krishnagiri District.

5.The Inspector of Police, Kandhikuppam Police Station, Kandhikuppam, Krishnagiri District.

6.Rev.Fr.Mathews 7.Rev.Fr.Superior and Rector ... Respondents PRAYER: Writ Petition Criminal is filed under Article 226 of the Constitution of India, to issue Writ of Mandamus directing the respondents 1/5

1 to 5 to consider the petitioner's representation dated 17.11.2025, the respondents no.3 to 5 to give adequate police protection to the life and limb of the petitioner and 620 members of the Church who are living in fear and unable to conduct peaceful worship in the Church premises at S.NO.60/3C1 measuring to an extent of acre 1.22 cents situated at Sundampatti Village, Sadhana Palli Post, Bargur Taluk, Krishnagiri District. For Petitioner : Mr.S.Muthaiah For Respondents : Mr.S.Santhosh Government Advocate (Crl.Side) for RR1-5 Mr.B.Louis Shirmila for R6 Mr.K.V.Muthuvisakan for R7

O R D E R

The petition has been filed seeking a direction to the respondents 1 to 5 to consider the petitioner's representation dated 17.11.2025, the respondents no.3 to 5 to give adequate police protection to the life and limb of the petitioner and 620 members of the petitioner's church who are living in fear and unable to conduct our peaceful worship in the church premises at S.NO.60/3C1 measuring to an extent of acre 1.22 cents situated at Sundampalli Village, Sadhana Palli Post, Bargur Taluk, Krishnagiri District. 2.The case of the petitioner is that he is serving as the President of the General Body of St.Antony Church, Sundampatti Village and there are 620 members from the village in the church. The petitioner had given a representation seeking to give adequate police protection to the life and 2/5

limb of the petitioner and 620 members of the church to conduct peaceful worship in the church premises at Survey No.60/3C1 measuring to an extent of 1 acre and 22 cents situated at Sundampatti Village, Sathanapalli Post, Bargur Taluk, Krishnagiri District. Finding no response, this writ petition has come to be filed.

3.When the matter was taken up for hearing, the learned Government Advocate (Crl.Side) submitted that based on the complaint given by the petitioner, an enquiry was conducted in CSR.No.347 of 2025. During the enquiry, it was found that the property claimed by the petitioner to conduct peaceful worship belongs to the respondents 6 and 7 and they are the patta holders for the said property and they are not giving permission to conduct worship in that place. In such circumstances, the respondent police cannot compel the respondents 6 and 7 to permit the petitioner to conduct their worship there. He would further submit that civil suits are also pending between the parties.

4.The learned counsel for the respondents 6 and 7 would submit that the subject property belongs to Amala Annai Capuchin Province which is a separate body and does not belong to St.Antony Church or the village. He would further submit that civil suits are also pending between the parties 3/5

and the petitioner who claims to be the president of General Body of St.Antony Church, without any authority, is attempting to trespass into the said property by virtue of this petition and therefore, prays for the dismissal of the petition.

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

6.It is the claim of the respondents 6 and 7 that it is a patta property owned by the Amala Annai Capuchin Province and civil suits are also pending between the parties. In such circumstances, a direction cannot be issued to the respondent police to give protection. Accordingly, this petition stands closed. It is made clear that the parties shall agitate their rights before the appropriate civil forum. 07.01.2026 ssa 4/5

A.D.JAGADISH CHANDIRA , J.

ssa To 1.The District Collector, Office of District Collector, Krishnagiri District.

2.The Tahsildar, Tahsildar Office, Bargur Taluk, Krishnagiri District.

3.The Superintendent of Police Office of the Superintendent of Police, Krishnagiri District.

4.The Deputy Superintendent of Police, Office of the Deputy Superintendent of Police, Bargur Taluk, Krishnagiri District.

5.The Inspector of Police, Kandhikuppam Police Station, Kandhikuppam, Krishnagiri District.

6.The Public Prosecutor, High Court, Madras. W.P.Crl.No.1563 of 2025 07.01.2026 5/5