Pitchimani v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 14.11.2018

CORAM:

THE HONOURABLE MR. JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.(MD).No.18900 of 2018 Pitchimani ... Petitioner Vs.

1. The Superintendent of Police, Kanyakumari District.

2. The Sub Inspector of Police, Kulasekaram police station, Kanyakumari District.

3. Godwin Ruskin

4. Benadict Peter

5. Jeyakumar

6. Jenkins Rethinaraj

7. Bipinraj ... Respondents PRAYER: Criminal Original Petition filed under Section 482 of the Cr.P.C., to direct second respondent police not to interfere in civil dispute relating to members of Yehovah Ikkiya Sabai at Mundakalavilai Aramannam, Seruppalur Post, Kanyakumari district. For Petitioner : Mr.D.Saravanan For R-1 and R-2 : Mr.R.Anandharaj Additional Public Prosecutor

O R D E R

This petition has been filed seeking for a direction to the second respondent police not to interfere in civil dispute relating to members of Yehovah Ikkiya Sabai at Mundakalavilai Aramannam, Seruppalur Post, Kanyakumari district.

2.Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the official respondents. 3.The learned counsel for the petitioner would submit that the petitioner is presently administering the Church, whereas, the respondents 3 to 7 are interfering. He would further submit that a civil suit is pending between the parties before the Principal District Judge, Kanyakumari District at Nagercoil in O.S.No.94 of https://hcservices.ecourts.gov.in/hcservices/

2015, whereas the respondents 1 and 2 are interfering in the civil suit.

4.The learned Additional Public Prosecutor would submit that there is a dispute with regard to administration of the Church and a complaint and counter complaint have been given by rival parties and based on the complaint given by both parties, the case has been registered and action taken in accordance with law. He would further submit that they have dispute regarding the possession of the property.

5.Since there are rival complaints pending between the parties, the respondent police shall conduct an enquiry in accordance with law. However, the respondent police shall not interfere with the civil rights of both parties. 6.With the above observation, this Criminal Original Petition stands closed.

Sd/- Assistant Registrar (T&P) /True Copy/ Sub Assistant Registrar (CS-III) To

1. The Principal District Judge, Kanyakumari District at Nagercoil

2. The Superintendent of Police, Kanyakumari District.

3. The Sub Inspector of Police, Kulasekaram police station, Kanyakumari District.

4. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+ 1 CC TO Mr.D.SARAVANAN, ADVOCATE IN SR No. 95300 LS TE/VR/SAR-3 : 21/12/2018 : 2P/6C Crl.O.P.(MD).No.18900 of 2018 14.11.2018 https://hcservices.ecourts.gov.in/hcservices/