The Society Of The Church Of God (Full Gospel) In India v. The Superintendent Of Police
W.P.(MD)No.2204 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 09.02.2022 CORAM :
THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR W.P.(MD)No.2204 of 2020 and W.M.P.(MD)No.1855 of 2020 The Society of the Church of God (Full Gospel) in India, Represented by its State Overseer, G.Gnanadhas, No.1, Dewan Rama Road, Purasaiwalkam, Chennai-600 084.
...Petitioner
Vs.
1.The Superintendent of Police, Tuticorin, Tuticorin District.
2.The Inspector of Police, North Police Station, Tuticorin, Tuticorin District.
3.Samuel Jebakani
...Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India to issue Writ of Mandamus, directing the respondent 1 and 2 to provide police protection to the petitioner Society to conduct the ministry services in the building at Door No.1B/1, Sunderavelpuram 1st Street, Tuticorin by considering the representations dated 07.05.2019, 11.05.2019, 17.05.2019.
For Petitioner : Mr.S.Siva Thilakar For R1 and R2 : Mr.A.Thiruvadi Kumar, Additional Public Prosecutor.
For R3 : No Appearance
ORDER
This Writ Petition is filed seeking for police protection to the petitioner Society to conduct the ministry services in the building at Door No.1B/1, Sunderavelpuram 1st Street, Tuticorin by considering the representations dated 07.05.2019, 11.05.2019, 17.05.2019.
2.A perusal of the affidavit filed in support of this Writ Petition reveals that the dispute between the petitioner and the third respondent is conducting ministrial services in the Church. https://hcservices.ecourts.gov.in/hcservices/ 1/2
W.P.(MD)No.2204 of 2020 It is stated by the learned counsel appearing for the petitioner that a suit is also filed by the third respondent in O.S.No.54 of 2012, which was decreed partially with certain conditions. Though there was a permanent injunction on certain conditions, such conditions have not been fulfilled by the third respondent. Hence, the petitioner has sent representations to the respondents, seeking police protection. Since the same has not been considered, the petitioner has come before this Court with this Writ Petition. 3.At the outset, I am of the view that when there is a decree and judgment passed in a civil suit, therefore blanket direction cannot be granted by this Court. If at all any crime or offence commits, it is well open to the petitioner to lodge First Information Report to the second respondent.
On such report being filed, the second respondent police shall act as per law. 4.Accordingly, this Writ Petition stands dismissed. No costs. Consequently, connected miscellaneous petition is closed. Sd/- Deputy Registrar (A/Cs) // True Copy // / /2022 Sub Assistant Registrar(CS) Myr Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.
To 1.The Superintendent of Police, Tuticorin, Tuticorin District.
2.The Inspector of Police, North Police Station, Tuticorin, Tuticorin District.
+1 CC to M/s.S.SIVA THILAKAR, Advocate ( SR-5410[F] dated 10/02/2022 ) +1 CC to M/s.A.V.ARUN, Advocate ( SR-5441[F] dated 10/02/2022 ) W.P.(MD)No.2204 of 2020 09.02.2022 RD(01.03.2022) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2