Arulmighu Sri Suyambulinga v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 20.06.2016

CORAM

THE HON'BLE DR.JUSTICE S.VIMALA W.P(MD)No.10767 of 2016 Arulmigu Sri Suyambulingaswamy Temple, Uvari, rep.by its Hereditary Trustee P.K.S.T.Radhakrishnan ... Petitioner -vs1.The District Collector, Tirunelveli.

2.The Superintendent of Police, Tirunelveli.

3.The Deputy Superintendent of Police, Valliyur.

4.Inspector of Police, Uvari.

5.Antony Siluvai 6.Thavamani .. Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing the respondents 1 to 4 to give necessary police protection to execute the decree in O.S.No. 200 of 1995 dated 02.12.2004 on the file of Principal District Munsif Valliyur.

For Petitioner : Mr.P.Thiagarajan for M/s.N.Krishnaveni For RR 1 to 4 : Mr.D.Muruganandam Addl. Govt. Pleader

O R D E R

This writ petition has been filed for issuance of a Writ of Mandamus, directing the respondents 1 to 4 to give necessary police protection to execute the decree passed in O.S.No.200 of 1995 dated 02.12.2004 by the Principal District Munsif Court, Valliyur. 2.Mr.D.Muruganandam, learned Additional Government Pleader, takes notice for the respondents 1 to 4. By consent, the writ petition itself is taken up for final disposal.

3.Heard the learned counsel for the petitioner and the learned Additional Government Pleader for the respondents 1 to 4. https://hcservices.ecourts.gov.in/hcservices/

4.The petitioner herein as the hereditary trustee of Arulmigu Sri Suyambulingaswamy Temple, Uvari, has filed a suit in O.S.No.200 of 1995, seeking for the reliefs of declaration and mandatory injunction directing the respondents 5 and 6 herein to remove the construction. The respondents 5 and 6 have entered appearance through Advocate. 5.After contest, the Court has passed a decree on 02.12.2014 directing the respondents 5 and 6 herein to remove the construction. As the order was not obeyed, the petitioner herein as a decree holder has filed an application in E.P.No.60 of 2005 in O.S.No.200 of 1995. Thereafter, E.A.No.61 of 2016 has been filed seeking police protection by the Superintendent of Police, Tirunelveli in order to execute the decree. The Court, after consideration, has passed an order on 12.04.2016, allowing E.A.No.61 of 2016.

This fact has been brought to the knowledge of the first respondent and a representation has also been sent to the respondents 1 to 4. They have received the same and acknowledgement has been filed. Since the representation of the petitioner has not been considered so far, the petitioner is before this Court by filing this Petition.

6.The learned Additional Government Pleader for the respondents 1 to 4 would submit that there are practical difficulties in implementing the orders of the Court and there was an attempt to measure the property in the presence of the Sub Collector. 7.It is made clear that the Sub Collector has no jurisdiction to interfere in the matter when the Civil Court has already declared the rights of the party and granted decree also. Once the Court has given direction to execute the decree, it is for the respondents to give protection. Otherwise, it would amount to contempt of Court. Under such circumstances, the respondents 1 to 4 are directed to offer protection as ordered by the Executing Court.

8.This Writ Petition is ordered accordingly.

Sd/ Assistant Registrar /TRUE COPY/ Sub Assistant Registrar To 1.The Principal District Munsif,Valliyur.

2.The District Collector, Tirunelveli.

3.The Superintendent of Police,Tirunelveli.

4.The Deputy Superintendent of Police,Valliyur. 5.Inspector of Police, Uvari.

+1cc to M/S.N.Krishnaveni, Advocate in SR.No.31388 +1cc to Special Government Pleader in SR.No.31402 W.P(MD)No.10767 of 2016 20.06.2016 mj PA/NGM-MP/SAR II/04.07.2016/2P/8C (IT) https://hcservices.ecourts.gov.in/hcservices/