Madras High CourtCRL OP(MD)/6582/2015disposed of

T.P.Sundaram Pillai v. The Superintendent Of Police

2015-04-10Honourable Mr Justice M.M.Sundresh2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10.04.2015

CORAM:

THE HONOURABLE Mr.JUSTICE M.M. SUNDRESH Crl.O.P. (MD)No.6582 of 2015 T.P. Sundaram Pillai ... Petitioner Vs.

1. The Superintendent of Police, Trichy

2. The Inspector of Police, Samayapuram Police Station, Trichy ... Respondents This Criminal Original Petition is filed under under Section 482 of Criminal Procedure Code praying to direct the respondents to give adequate police protection to the petitioner and to the "Samayapuram Mariamman Kuthirai ahana Vazhinadai, Dharma Thanneer Pandal Ubaya Mandapa Trust" building of the above said Mandapam along with 4 shops in S.No.273/6,7,9,10 and 11 situated in No.10/1-6 and 12/1-5 Ward No.I, East Car Street, S. Kannanur Town Panchayat, Samayapuram, Trichy District. For Petitioner : Mr. N. Sankarganesh For Tenant : Mr. R. Sundar For intervenor : Mr. R. Maheswaran For Respondent : K.Anbarasan, Government Advocate(Crl.side) R1 & R2

ORDER

Heard the learned counsel appearing for the rival parties including the tenants of the shops, who are present before this Court.

2. It appears that there is a dispute between the petitioner and one of the Trustee. There was also a Peace Committee Meeting held earlier. However, it is not in dispute that Mandapapadi for the present year has to be performed by the other group, which is now represented by the petitioner. The other group is headed by Mr. Gnana Sundaram Pillai.

3. There is also a civil suit filed which is pending for consideration. Now, dispute is with regard to the handing over of keys to Mr. Gnana Sundaram Pillai and the Mandapam keys are also with the petitioner, who claims to be the Managing Trustee. https://hcservices.ecourts.gov.in/hcservices/

4. It is agreed between parties that after conclusion of Mandapapadi, the keys will have to be handed over to the tenants. However, dispute

has to be resolved surrendering the possession of the keys after conclusion of the Mandapapadi, before they are handed over to the tenants.

5. Considering the same, the tenants are directed to hand over the keys to Mr. Gnanasundaram Pillai, who are entrusted to take the Mandapapadi. Insofar as the Mandapam is concerned, the petitioner is directed to hand over the keys to Mr.Gnanasundaram Pillai, who, in turn is permitted to conduct the Mandapapadi and follow the work. Therefore, the said keys will have to be handed over to Mr.Gnanasundaram Pillai before conducting the Mandapapadi.

6. Mr. Gnanasundaram Pillai is also directed to hand over the keys to the petitioner after completion of the festival, pertaining to the shops of the tenants. This order is passed without prejudice to the rights of all the parties. All the issues are left open including the status of the petitioner and Managing Trustee, the possession of Mandapapadi and other incidental issues to be decided by the appropriate forum.

7. With the above direction, this Criminal Original Petition is disposed of.

Sd/- Assistant Registrar(CO) \\True copy\\ Sub Assistant Registrar To:

1. THE SUPERINTENDENT OF POLICE, TRICHY

2. THE INSPECTOR OF POLICE, SAMAYAPURAM POLICE STATION, TRICHY 3 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1cc TO MR.R.MAHESWARAN, ADVOCATE SR.NO. 18469 +1cc TO MR.N.SHANKAR GANESH,ADVOCATE SR.NO.18370 Crl.O.P. (MD)No.6582 of 2015 10.04.2015 TRP NA/15/04/2015/P2/6C(IT) https://hcservices.ecourts.gov.in/hcservices/