Nagalingam K v. The Deputy Superintendent Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 08.04.2025
CORAM:
THE HONOURABLE MR.JUSTICE P.DHANABAL W.P(MD) No.10024 of 2025 and W.M.P.(MD) No.7472 of 2025 K.Nagalingam ... Petitioner vs.
1.The Deputy Superintendent of Police Samayanallur Police Station, Madurai District, Madurai.
2.The Inspector of Police Vadipatti Police Station, Madurai District, Madurai.
3.Premkumar ... Respondents PRAYER: Writ Petition filed under Article 226 of Constitution of India to issue a Writ of Mandamus to forbear the respondents 1 to 3 from interfering with the administration and office of the petitioner herein more specifically the celebration of Panguni Festival at "Sri Shakthi Mariamman Temple", Kachakatti village, Madurai District. Page No. 1 of 7
For petitioner :Mr.A.K.H.M.Mohamed Abdul For R1 & R2 : Mr.R.M.Anbunithi Additional Public Prosecutor (Crl side) *****
O R D E R
This petition is filed by the petitioner to forbear the respondents 1 to 3 from interfering with the administration and office of the petitioner, at the time of celebration of Panguni Festival at "Sri Shakthi Mariamman Temple", Kachakatti village, Madurai District.
2. The learned counsel for the petitioner would submit that the third respondent, by suppressing the material facts, approached this Court and obtained order from this Court in W.P.(MD) No.8923 of 2025 for police protection as if he is the Poosari of the temple. Taking advantage of the same, now the third respondent along with the second respondent interfering with the Poosariship of the petitioner in the abovesaid temple. Therefore, he sent a representation on 27.03.2025 to the respondents 1 and 2, but the same has not been considered. Hence, the petitioner filed this petitioner.
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3. The learned counsel for the third respondent would submit that the third respondent, who belongs to opposite party in the village, filed a petition for police protection only for worshipping of God in the temple and he has not claiming any rights over the temple. Further, in this regard, a suit in O.S.No.35 of 2020 is pending before the District Munsif Court, Vadipatti. Therefore, the petitioner has not claimed any rights through that Writ Petition. Further, the third respondent has also not interfered with the Poosariship of the petitioner. Therefore, this petition is liable to be dismissed.
4. The learned Additional Public Prosecutor (Crl side) for the respondents 1 and 2 would submit that the respondents 1 and 2 are no way connected with the abovesaid poosariship and they have not interfered with the rights over the poosariship of the petitioner and without any cause of action, the petitioner filed this petition. Therefore, this petition is liable to be dismissed.
5. This Court heard both sides and perused the records.
6. According to the petitioner, he is the Poosari of the temple, Page No. 3 of 7
namely, Sri Shakthi Mariamman Temple and already the third respondent filed a Writ Petition in W.P.(MD) No.8923 of 2025 for police protection, in which this Court also granted police protection. Taking advantage of the same, the third respondent and along with the second respondent interfered with the poosariship of the petitioner. However, the third respondent denied the alleged interference and he fairly conceded that he filed the Writ Petition for police protection. Only to worship the God and hence, he has not claimed any rights over the Poosariship through the Writ Petition and a suit is also pending in that regard. Hence, they will seek remedy before the Civil Court. Considering the abovesaid submission of the learned counsel for the third respondent that they have not interfered with the poosariship of the petitioner and only sough for police protection for the general public, no further order is required to be passed in this case.
7. In view of the same, this Writ Petition is closed. Consequently, connected M.P. is closed.
08.04.2025 NCC : Yes/No Index : Yes / No Page No. 4 of 7
Internet : Yes / No apd To 1.The Superintendent of Police Trichy District, Trichy.
2.The Sub-Inspector of Police Puthanatham Police Station, Puthanatham, Trichy District.
3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
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P.DHANABAL,J apd W.P.(MD) No.10024 of 2025 08.04.2025 Page No. 6 of 7
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