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Madras High CourtWP(MD)/2788/2023disposed of

Chokkammal v. The Superintendent Of Police

2023-02-10Honourable Mr Justice K.Murali Shankar5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10.02.2023 CORAM :

THE HONOURABLE MR.JUSTICE K.MURALI SHANKAR Chokkammal ... Petitioner Vs.

1.The Superintendent of Police, Tirunelveli.

2.The Inspector of Police, Manur Police Station, Manur, Tirunelveli District.

3.Mani 4.Esakki Pandi 5.Murugesan 6.Kombaiah 7.Narayanan 8.Sankara Narayanan ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the 1/5

second respondent to hand over the key of Kombu Mada Swamy temple Sy.No.19, Ettankulam Village, Tirunelveli Taluk and Tirunelveli District and to provide police protection to the petitioner, based on the civil Court judgment in O.S.No.506 of 2015 on the file of the I Additional District Munsif, Tirunelveli and by considering the petitioner's representations, dated 11.01.2023 and 19.01.2023.

For Petitioner : Mr.R.Balakrishnan For R1 and R2 : Mr.E.Antony Sahaya Prabahar Additional Public Prosecutor

O R D E R

The writ petitioner filed this Writ Petition seeking for issuance of a Writ of Mandamus, directing the second respondent to hand over the key of Kombu Mada Swamy temple Sy.No.19, Ettankulam Village, Tirunelveli Taluk and Tirunelveli District and to provide police protection to the petitioner, based on the civil Court judgment in O.S.No. 506 of 2015 on the file of the I Additional District Munsif, Tirunelveli and by considering the petitioner's representation, dated 11.01.2023 and 19.01.2023.

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2. It is evident from the records that the third respondent has earlier filed a petition in W.P.(MD)No.1335 of 2023, seeking orders, directing the Inspector of Police, Manur Police Station to permit the petitioner to perform temple festival as Diety of Kombu Madawamy at Ettankulam Village, Manur Taluk, Tirunelveli for two days and this Court, considering the submissions made by the learned counsel for the petitioner therein and the present petitioner and also the learned Additional Public Prosecutor, directed the second respondent to hand over the key to the petitioner herein and thereafter, the petitioner is directed to open the temple and arrange for poojas and permit the petitioner and his family to visit the temple and make offerings.

3. When the matter is taken up for hearing today, the learned Additional Public Prosecutor would submit that in pursuance of the said directions, key was already handed over to the petitioner.

4. The learned counsel for the petitioner would also conceded the same.

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5. Recording the submissions made by the learned counsel on either side, this Writ Petition stands disposed of. No costs. 10.02.2023 NCC :Yes/No Index :Yes/No Internet : Yes/ No das To 1.The Superintendent of Police, Tirunelveli.

2.The Inspector of Police, Manur Police Station, Manur, Tirunelveli District.

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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K.MURALI SHANKAR, J das Order made in Dated : 10.02.2023 5/5