Madras High CourtWP(MD)/22684/2017dismissed

Chokkar, S/O.Karuppaiah v. The Superintendent Of Police

2017-12-15Honourable Mr Justice S.S. Sundar2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 15.12.2017

CORAM:

THE HONOURABLE MR.JUSTICE S.S.SUNDAR W.P.(MD)No.22684 of 2017 Chokkar ... Petitioner Vs.

1. The Superintendent of Police, Dindigul District, Dindigul.

2. The Inspector of Police, Ambathurai Police Station, Dindigul District.

3.Vellaichamy 4.Malaichamy 5.Kathiresan ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, directing the respondents herein to give the permission and police protection to conduct Tamil Margazhi Month lighting Pooja held at Sri Poovanavar Vinayagar, Sri Pathirakaliyamman, Sri Mariyamman and Sri Navalingeshwarar Temple, A. Vellodu Village, V.Kallupatti West, Dindigul District based upon the petitioner's representation dated 04.12.2017.

For Petitioner : Mr.K.Kulanthai Vickram For Respondents : Mr.D.Muruganantham Additional Government Pleader ***

ORDER

This petition is for issuing a Writ of Mandamus directing the respondents herein to give the permission and police protection to conduct Tamil Margazhi Month lighting Pooja to be held at Sri Poovanavar Vinayagar, Sri Pathirakaliyamman, Sri Mariyamman and Sri Navalingeshwarar Temple, A. Vellodu Village, V.Kallupatti West, Dindigul District based upon the petitioner's representation dated 04.12.2017.

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2.The object behind the filing of this Writ Petition appears to be to get some evidence to show that the petitioner is administering the temple. Even in the suit filed by the petitioner against the defendants, the grievance of the petitioner was that the defendants are preventing the plaintiff therein from entering into the premises of the temple and to offer worship. The prayer in the present Writ Petition is to give police protection to the petitioner to conduct Tamil Margazhi Month lighting Pooja to be held at Sri Poovanavar Vinayagar, Sri Pathirakaliyamman, Sri Mariyamman and Sri Navalingeshwarar Temple, A. Vellodu Village, V.Kallupatti West, Dindigul District based upon the petitioner's representation dated 04.12.2017. 3.

Having regard to the fact that the decree obtained by the petitioner is only ex parte and the petitioner has not impleaded the persons who are really interested and who are objecting the petitioner from exercising his right, this Court is not inclined to entertain this Writ Petition as the petitioner has come to Court with unclean hands and tried to mislead this Court without impleading the parties who are really interested in the lis. No costs.

Sd/- Assistant Registrar(AE) /True Copy/ Sub Assistant Registrar To

1. The Superintendent of Police, Dindigul District, Dindigul.

2. The Inspector of Police, Ambathurai Police Station, Dindigul District.

+ 1 cc TO Mr.K.Kulanthai Vickram , Advocate in SR No. 93438 + 1 cc TO The Special Government Pleader in SR No. 93373 SRM AE/KKR/SAR1/19.01.2018/2P/5C W.P.(MD)No.22684 of 2017 15.12.2017 https://hcservices.ecourts.gov.in/hcservices/