Vachamali Servai Vagairakal v. The District Superintendent Of

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.07.2019

CORAM:

THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN W.P.(MD)No.14765 of 2019 Vachamali Servai Vagairakal Represented by V.Murugesan, S/o, Vairavan Servai, Sundakadu(Vaiyakalathur), Sivagangai District.

... Petitioner Vs.

1. The District Superintendent of Police, Kandavarayan Patti Police Station, Via Thirupathur Taluk, Sivagangai District.

2.The Sub Inspector of Police, Kandavarayan Patti Police Station, via Thirupathur Taluk, Sivagangai District.

3.S.Chinnaya ... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the respondents 1 and 2 to provide police protection to the petitioner for completion of the compound at the Sri Pidari Amman Temple at Vaiyakalathur at Sundakadu Village, Thirupattur Taluk, Sivagangai District, located in Survey No.31 to be completed before the proposed date of consecration in the month of August 2019 as intended to be performed by the Vachamali Servai Vagaiyara in Sundakadu, at Vaiyakalathur Village, Thirupattur Taluk Sivagangai District.

For Petitioner : Mr.R.Gophinath For R-1 & R-2 : Mr.K.Suyambulinga Bharathi Government Advocate (Crl.side)

O R D E R

This petition has been filed seeking for a direction to the respondents 1 and 2 to provide police protection to the petitioner for completion of the compound wall at Sri Pidari Amman Temple, Vaiyakalathur, Sundakadu Village, Thirupattur Taluk, Sivagangai District, located in Survey No.31, to be completed before the proposed date of consecration in the month of August 2019 as intended to be performed by the Vacchamali Servai Vagaiyara in Sundakadu, Vaiyakalathur Village, Thirupattur Taluk Sivagangai https://hcservices.ecourts.gov.in/hcservices/

District.

2. The grievance of the petitioner is that the above said Temple is a community Temple and the Community people are managing the said temple. Now, based on the complaint given by the third respondent, the second respondent is interfering with the petitioner's work and preventing them from putting up the compound wall. Aggrieved over the same, the petitioner has filed the present petition seeking for police protection.

3. Today, the Sub Inspector of Police, Kandavarayan Patti Police Station, via Thirupathur Taluk, Sivagangai District / second respondent herein, is present before this Court and submitted that based on the complaint given by the third respondent, they are only conducting the enquiry and not prevented the petitioner from putting up any compound wall.

4. Recording the aforesaid submission, the second respondent is directed to proceed with the enquiry and not to interfere with the civil dispute between the parties.

5. Accordingly, the Writ Petition stands closed. No costs.

Sd/- Assistant Registrar(AD-I) // True Copy // Sub Assistant Registrar(CS) Tsg

1. The District Superintendent of Police, Kandavarayan Patti Police Station, Via Thirupathur Taluk, Sivagangai District.

2.The Sub Inspector of Police, Kandavarayan Patti Police Station, via Thirupathur Taluk, Sivagangai District.

+1CC TO MR.R.GOPINATH, Advocate Sr. No. 73552 Order made in W.P.(MD)No.14765 of 2019 Dated: 03.07.2019 MR(CO) TR (10.07.2019) 2P 4C https://hcservices.ecourts.gov.in/hcservices/