← Library
Madras High CourtWP(MD)/13866/2025dismissed

P.Velaiah v. The District Collector

2025-10-16Honourable Mr Justice Sunder Mohan6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 16.10.2025

CORAM

THE HONOURABLE MR. JUSTICE SUNDER MOHAN W.P.(MD)No.13866 of 2025 and 25036 of 2024 and W.M.P.(MD)No.22262 of 2024 W.P.(MD)No.13866 of 2025 P.Velaiah ... Petitioner Vs 1.The District Collector, Tirunelveli District, Tirunelveli.

2.The Superintendent of Police, Tirunelveli District, Tirunelveli.

3.The Tahsildar, Radhapuram Taluk, 4.The Deputy Superintendent of Police, Valliyur Sub Division, 5.The Inspector of Police, 6.Ayyadurai 1/6

7. Thangaraj

8. Chellappa ... Respondents PRAYER:- Writ Petition - filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents 1 to 5 to provide adequate police protection to construct the compound wall around the Vinayagar Temple situated in S.No.1728/11 Sivakamipuram Village, Radhapuram Taluk, Tirunelveli District on the basis of the petitioner's representation dated 12.04.2025. For Petitioner : Mr.M.Arikaran For R1 to R5 : Mr.R.Meenakshi Sundaram Additional Public Prosecutor W.P.(MD)No.25036 of 2024 M.Rosy ... Petitioner Vs 1.The Superintendent of Police, 2.The Inspector of Police, 3.Sridhas ... Respondents 2/6

PRAYER:- Writ Petition - filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the Inspector of Police, Panagudi Police Station, Tirunelveli District not to interfere into the petitioner's civil right in respect of the properties in Survey No. 1728 and 1453 at Panagudi Part - I and II Village, Radhapuram Taluk, Tirunelveli District which has been affirmed by the civil court decrees in O.S.No. 189 of 2014 and O.S.No. 218 of 2014 through judgments dated 21.01.2020 and 15.09.2022 respectively delivered by the learned Additional District Musif, Valliyoor, Tirunelveli District under the guise of exercising his powers in favour of the 3rd respondent. For Petitioner : Mr.R.Anand For R1 & R2 : Mr.R.Meenakshi Sundaram Additional Public Prosecutor For R3 : Mr.M.Arikan COMMON ORDER The Petitioner in W.P(MD) No.

13866 seeks a direction to the respondents 1 to 5 to provide police protection for the construction of a compound wall around the Vinayagar Temple situated in S.No.1728/11 Sivakamipuram Village, Radhapuram Taluk, Tirunelveli District. 2.The Petitioner in W.P(MD) No.

to the respondent police not to interfere in a civil dispute under the guise of enquiry.

3.These writ petitions have been filed by the rival parties for the reliefs stated above.

4.The learned Additional Public Prosecutor appearing for the respondent police would submit that the disputed property belongs to the Government; that neither of the parties have any right over the same; that police protection as sought for cannot be granted and that there are civil suits between the parties.

5.The learned counsel for the petitioner in W.P(MD) No. 13866 of 2025, per contra, would submit that the land belongs to the temple and that there is a civil Court finding in this regard. If the petitioner in W.P(MD) No. 13866 of 2025 claims that the property belongs to the temple and that the petitioner in W.P(MD) No.25036 of 2024 has no right over the same and that there is already a civil Court order in his favor, it is for him to move the Executing Court for appropriate remedy. 4/6

The respondent police have no right to interfere in the civil dispute and have rightly not interfered in the said dispute. 7.With the above observation, these writ Petitions are disposed of. Consequently, connected miscellaneous petition is closed. 16.10.2025 Index :Yes/No Internet :Yes/No NCC :Yes/No cp To 1.The District Collector, Tirunelveli District, Tirunelveli.

2.The Superintendent of Police, Tirunelveli District, Tirunelveli.

3.The Tahsildar, Radhapuram Taluk, 4.The Deputy Superintendent of Police, Valliyur Sub Division, 5/6

SUNDER MOHAN,J CP 5.The Inspector of Police, 6.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

ORDER IN W.P.(MD)No.13866 of 2025 and 25036 of 2024 Date : 16.10.2025 6/6