Natesan v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 20.03.2025

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN AND THE HONOURABLE MR.JUSTICE M.JOTHIRAMAN W.A(MD)No.572 of 2022 and C.M.P(MD)No.4945 of 2022 Natesan ... Appellant / Petitioner / Vs.

1.The District Collector, Tirunelveli.

2.The Superintendent of Police, Tirunelveli.

3.The Deputy Superintendent of Police, Tirunelveli.

4.The Inspector of Police, Panakudi Circle Police Station, Panakudi, Tirunelveli District.

5.Sahul Hameed 6.Arul 7.T.Balakrishnan 1/5

8.Siva Perumal 9.Sivalingadurai 10.Ravi ... Respondents / Respondents Prayer: Writ Appeal filed under Clause 15 of Letters Patent to allow the Writ Appeal and set aside the order of the learned Judge in W.P(MD)No. 16936 of 2020 dated 10.02.2022 and direct the respondents 1 to 4 to give suitable protection to SRIMAN NARAYANA SWAMY THIRUKOVIL based on the compromise decree in O.S.No.371 of 2012. For Appellant : Mr.J.Madhu For Respondents : Mr.G.V.Vairam Santhosh Additional Government Pleader for R.1 to R.4 Mr.D.Saravanan for R.7 to R.10

JUDGMENT

(Judgment of the Court was made by G.R.Swaminathan J.) Heard both sides.

2.The appellant herein filed W.P(MD)No.16936 of 2020 seeking Police protection as well as direction against the official respondents to 2/5

take action against the private respondents. The writ petition was dismissed vide order dated 10.02.2022 in the following terms: "2.The relief is couched in such a manner as if only a direction is sought for. But the affidavit filed in support of this Writ Petition disclosed various disputes between the parties over the management of the temple and its administration. Therefore, unless those disputes are resolved or adjudicated properly before the Civil Court, no blanket order of direction cannot be granted in a Writ Petition. Similarly, the allegation of the assault or criminal offence also cannot give credence in this Writ Petition. If such occurrence as alleged or happened, the petitioner has to take steps to register the complaint then and there by resorting Section 200 of Cr.P.C., not in a Writ Petition. In such view of the matter, I do not find any merit in this Writ Petition. Accordingly, this Writ Petition stands dismissed. No costs. Consequently, connected miscellaneous petition is closed."

Aggrieved by the same, this Appeal has been filed. 3.After a careful consideration, we are of the view that interference with the impugned order is not warranted.

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4.This Writ Appeal stands dismissed. No costs. Consequently, connected miscellaneous petition is closed.

[G.R.S., J.] [M.J.R., J.] 20.03.2025 NCC : Yes / No Index : Yes / No Internet : Yes/ No MGA To 1.The District Collector, Tirunelveli.

2.The Superintendent of Police, Tirunelveli.

3.The Deputy Superintendent of Police, Tirunelveli.

4.The Inspector of Police, Panakudi Circle Police Station, Panakudi, Tirunelveli District.

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G.R.SWAMINATHAN,J.

AND M.JOTHIRAMAN , J.

MGA W.A(MD)No.572 of 2022 20.03.2025 5/5