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Madras High CourtWP(MD)/15434/2021dismissed as infructuous

Perumal P v. The Superintendent Of Police

2021-09-30Honourable Mr Justice G.Ilangovan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 30.09.2021

CORAM

THE HONOURABLE MR.JUSTICE G.ILANGOVAN and W.M.P.(MD) No.12339 of 2021 P.Perumal ... Petitioner Vs 1.The Superintendent of Police, Tenkasi District, Tenkasi.

2.The Inspector of Police, Alangulam Police Station, Alangulam, Tenkasi District.

3.The Tahsildar, Alangulam Taluk, Alangulam, Tenkasi District.

4.The Village Administrative Officer, Mayamankurichi Village, Kuruvankottai, Alangulam Taluk, Tenkasi District.

5.Sivanpandi 6.Kumar 7.Gunasingh ... Respondents PRAYER:Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, directing the first respondent to give suitable instruction and direction to the 2nd respondent for taking necessary action under various offences of Indian Penal Code against respondents No.5, 6 and 7 for making obstacles and hindrance to the petitioner and his village people in their worship to the Lord Perumalsamy and Lord Esakkiamman situated at Survey No.891, Mayamankurichi, Thuthikulam, Alangulam, Tenkasi District and also forbear the respondents No.5, 6 and 7 and his associates in consuming liquor in the said temple forthwith. For Petitioner : Mr.S.Palani Velayutham For R1 to R4 : Mr.R.Meenakshi Sundaram Additional Public Prosecutor 1/3

ORDER

This petition is filed seeking writ of mandamus directing the 1st respondent for taking necessary action, on the basis of the complaint given by this petitioner dated 08.07.2021. 2.When the matter was taken up for hearing on 27.08.2021, the learned Additional Public Prosecutor submitted that based upon the complaint given by the brother of the petitioner, enquiry was undertaken and during the course of enquiry, the parties were directed to measure the property and resolve their dispute. However, the learned counsel for the petitioner submitted that the actual dispute is only with regard to the pathway that is leading to the temple and making worship. On that ground, the learned Additional Public Prosecutor sought time to get instructions from the official respondents. At his request, the matter was directed to be listed today.

3.When the matter is taken up for hearing today, the learned Additional Public Prosecutor would submit that based upon the recommendation made by the Inspector of Police, Alangulam Police Station, a Peace Committee Meeting was conducted on 03.09.2021 in the presence of the Tahsildar and during the course of Peace Committee Meeting, both groups attended and also resolved their dispute. It is also annexed in the typed set of papers. Depending upon the outcome of the measurement of the property, further steps can be taken by both parties and till such time, they should not involve in any illegal activities and making trouble with each other. It is also agreed that if it is found that it is a common pathway, permission must be given to all the villagers to use the same. The petitioner was also advised to take necessary action against those persons, who are in indulging criminal activities in the property.

4.Since the matter has been compromised between the parties during the Peace Committee Meeting, nothing survives for further consideration or direction in this petition. By placing the resolution of the Peace Committee Meeting on record as well as the statement of the learned Additional Public Prosecutor, this petition stands disposed of as infrctuous. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar (CRL) // True Copy // / /2021 Sub Assistant Registrar(CS) mm 2/3

To 1.The Superintendent of Police, Tenkasi District, Tenkasi.

2.The inspector of Police, Alangulam Police Station, Alangulam, Tenkasi District.

3.The Tahsildar, Alangulam Taluk, Alangulam, Tenkasi District.

4.The Village Administrative Officer, Mayamankurichi Village, Kuruvankottai, Alangulam Taluk, Tenkasi District.

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

W.P.(MD)No.15434 of 2021 30.09.2021 (CO)/RS (26.10.2021) 3P 6C 3/3