John Varghese v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 07.08.2018

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH WP(MD)No.17082 of 2018 John Varghese ...

Petitioner vs.

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

2. The Deputy Superintendent of Police, Anti Land Grabbing Cell, I/C, Colachel Sub Division, Kanyakumari District.

3. The Inspector of Police, Colachel Police Station, Kanyakumari District.

4. Rajan

5. Saraswathi

6. Sundaram ... Respondents PRAYER : Writ petition filed under Article 226 of the Constitution of India, for issuance of a Writ of Mandamus forbearing the 2nd and 3rd respondents and their subordinates from disturbing the prayer meetings of the petitioner being held in Door No.2/14B, Pandaravilai, Vaniyakudi Post, Kanyakumari District. For Petitioner : Mr.R.Selvaraj For Respondents 1 to 3 : Mr.M.Rajarajan, Government Advocate (Crl.Side) For Respondents 4 to 6 : Mr.V.Saikumar

O R D E R

This writ petition has been filed for a Writ of Mandamus forbearing the 2nd and 3rd respondents from disturbing the prayer meeting conducted by the petitioner in his property. https://hcservices.ecourts.gov.in/hcservices/

2.Admittedly, the suit is pending in OS.No.71 of 2017 and the petitioner has obtained an order of interim injunction restraining the defendants from his peaceful possession and enjoyment of the property.

3.It is the specific case of the petitioner that the defendants are the one, who are approaching the 2nd and 3rd respondents and through them, are preventing the petitioner from conducting the prayer meeting.

4.There are no materials placed in this writ petition to show with whose permission, the petitioner is conducting the prayer meeting in his property. In any case, this is not a forum before which, the petitioner can approach seeking for the above said relief. If the petitioner is aggrieved by the violation of the order of injunction, it is for the petitioner to work out his remedy in the manner known to law.

5.There are no merits in the writ petition and the same stands dismissed. No costs.

Sd/- Assistant Registrar (Crl.side) /True Copy/ Sub Assistant Registrar (CS-IV) To

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

2. The Deputy Superintendent of Police, Anti Land Grabbing Cell, I/C, Colachel Sub Division, Kanyakumari District.

3. The Inspector of Police, Colachel Police Station, Kanyakumari District.

+ 1 CC TO Mr.V.SASIKUMAR, ADVOCATE IN SR No. 77685 + 1 CC TO SPECIAL GOVERNMENT PLEADER IN SR No. 77738 DSK TE/KAK/SAR-4 : 20/08/2018 : 2P/6C WP(MD)No.17082 of 2018 07.08.2018 https://hcservices.ecourts.gov.in/hcservices/