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Madras High CourtWP(MD)/5537/2025disposed of

P.Gladys Lily Paulsamy v. The Superintendent Of Police

2025-03-03Honourable Mr. Justice P.Dhanabal7 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :03.03.2025

CORAM:

THE HONOURABLE MR.JUSTICE P.DHANABAL W.P.(MD)No.5537 of 2025 P.Gladys Lily Paulsamy ... Petitioner Vs.

1.The Superintendent of Police, Kanyakumari District, Nagercoil.

2.The Inspector of Police, Karunkal Police Station, Kanyakumari District.

3.Fr.Aruldevadasan 4.Fr.Benedict Xavier ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the first and second respondents to award 1/7

adequate police protection to the officer bearers of Annai Velankanni College Admnistrative Society (Reg No.25/1989) in the light of the order passed by this Hon'ble Court in W.P.(MD)No.3872 of 2023 dated 20.03.2024 which has been reiterated in CONT.P(MD)No.113 of 2025 dated 28.01.2025 while looking into the affairs and administration of the Annai Velankanni College, Tholayavattam, Kizhiyur Taluk, Kanyakumari District.

For Petitioner : Mr.V.Moushica For Respondents 1 & 2 : Mr.R.M.Anbunithi Additional Public Prosecutor For Respondent No.3 : Mr.B.Brijesh Kishore For Respondent No.4 : Mr.M.R.Sreenivasan

O R D E R

This writ petition has been filed seeking for a direction to the first and second respondents to award adequate police protection to the officer bearers of Annai Velankanni College Admnistrative Society (Reg No.25/1989) in the light of the order passed by this Hon'ble Court in W.P.(MD)No.3872 of 2023 dated 20.03.2024 which has been reiterated in CONT.P(MD)No.113 of 2025 dated 28.01.2025 while looking into the affairs and administration of the Annai 2/7

Velankanni College, Tholayavattam, Kizhiyur Taluk, Kanyakumari District. 2.According to the petitioner, the petitioner is administering the college and the third and fourth respondents are attached with another society and both societies have been functioning independently. By claiming that the societies have merged due to some amalgamation, the fourth and fifth respondents have started interfering with the administration of the college. Already a writ petition has been filed in W.P.(MD)No.3872 of 2023 and this Court allowed the same on 20.03.2024, directing that the said amalgamation is not in accordance with law. Therefore, both Societies have been ordered to be separated so as to get along with the independent function. While so, the third and fourth respondents are interfering with the administration of the college, thereby the petitioner approached the first respondent on 15.02.2025, but the same has not been considered.

3.Learned Additional Public Prosecutor appearing for the respondents 1 & 2 would submit that they received a representation of the petitioner and the same is under consideration for enquiry and that they will complete the enquiry within 3/7

a period of one [1] week.

4.Learned Counsel for the fourth respondent would submit that already a suit in O.S.No.28 of 2025, is pending before the District Munsif Court Kulithurai and therefore, the rights of the parties should be decided through the civil Suit. If at all the petitioner has any right, he can approach the civil court for appropriate remedy but without approaching the civil Court, the petitioner has approached this Court.

5.Since there are disputes between the parties in respect of the administration of the college, this Court cannot consider the prayer of the petitioner. It is an admitted fact that there is a dispute between the parties in respect of the administration of the college and according to the petitioner they are administering the college. In the said administration, the private respondents are interfering by causing disturbance. According to the respondents they already filed a suit in O.S.No.28 of 2025, which is pending and the rights of the parties have to be decided before the Civil Court. Therefore, for the disputed properties police protection cannot be given. However, this Court considering the prayer of 4/7

the petitioner and that the representation of the petitioner is pending with the second respondent, without going into the merits on the rights of the parties in respect of the administration of the college, directs the second respondent to dispose of the petitioner's representation dated 15.02.2025, within a week from the date of receipt of a copy of this order, after affording opportunity to both the parties.

7.With the aforesaid direction, this Writ Petition stands disposed of. There shall be no order as to costs.

03.03.2025 Index :

Yes / No MR 5/7

To 1.The Superintendent of Police, Kanyakumari District, Nagercoil.

2.The Inspector of Police, Karunkal Police Station, Kanyakumari District.

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P.DHANABAL, J.

MR Order made in W.P.(MD)No.5537 of 2025 Dated:

03.03.2025 7/7