G.Sivanandi v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.03.2020
CORAM:
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN G.Sivanandi ... Petitioner Vs 1.The District Collector, Collectorate Campus, Sivagangai, Sivagangai District.
2.The Superintendent of Police, Collectorate Campus, Sivagangai, Sivagangai Dsitrict.
3.The Tahsildar, Taluk Office, Thiruppuvanam Taluk, Sivagangai District.
4.The Sub Inspector of Police, Palayanur Police Station, Sivagangai District.
5.C.Karthigaisamy 6.Karuppaiah 7.R.Pounraj 8.R.Mohan 9.K.Deivam 10.C.Jegatheeshwaran ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, to direct the respondents 1, 2 and 4 to provide police protection at the time of construction of 1/3
building in the form of Mandapam in the property belonging to Arulmighu Kottarudaiyar Ayyanar Temple comprised in Survey No.460/2, 460/2B and another property in the same area situated at Keelarangiyam Village, Thiruppuvanam Taluk, Sivagangai District, without any interference/disturbance by the respondents 5 to 10 based on the petitioner's representation, dated 19.02.2020. For Petitioner : Mr.R.Murugan For R1 to R4 : Ms.M.Ananthadevi Govt. Advocate (Crl. Side)
ORDER
The petitioner seeks police protection to enable him to construct a Mandapam in the petition metioned land that belogns to a temple.
2.The petitioner's counsel states that the temple belongs to nine villages. Even though the construction is going to be for the benefit of all the devotees, the private respondents herein are creating obstruction. It appears that they had given a complaint against the petitioner before the fourth respondent police.
3.I am afraid that no direction can be given in this writ petition.
4.The learned Government Advocate (Crl.side) submits that based on the complaint of the private respondents, an enquiry notice was issued. But then, there is no co-operation from either side.
5.This is a matter, in which, the fourth respondent cannot take sides. The petitioner is not in a position to place any plan approval. If the petitioner apprehends obstruction or interference at the hands of th private respondents, it is for the petitioner to move the jurisdictional Civil Court and obtain an order of injunction against them. If the petitioner is able to get injunction order against the private respondents herein, the fourth respondent is bound to act in aid of the same. This is a matter, which can be resolved only before the jurisdictional Civil Court. No relief can be given in the writ proceedings.
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6. Giving liberty to move the jurisdictional Civil Court, this writ petition stands dismissed. No costs. Sd/- Assistant Registrar (CS-III) // True Copy // / /2020 Sub Assistant Registrar(CS) rmi To:
1.The District Collector, Collectorate Campus, Sivagangai, Sivagangai District.
2.The Superintendent of Police, Collectorate Campus, Sivagangai, Sivagangai Dsitrict.
3.The Tahsildar, Taluk Office, Thiruppuvanam Taluk, Sivagangai District.
4.The Sub Inspector of Police, Palayanur Police Station, Sivagangai District.
11.03.2020 JMN(23.03.2020) 3P : 5C 3/3