Madras High CourtWP(MD)/16936/2020dismissed

Natesan v. The District Collector

2022-02-10Honourable Mr Justice N. Sathish Kumar2 pages

W.P.(MD)No.16936 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 10.02.2022 CORAM :

THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR W.P.(MD)No.16936 of 2020 and W.M.P.(MD)No.14174 of 2020 Natesan

...Petitioner

Vs.

1.The District Collector, Tirunelveli.

2.The Superintendent of Police, Tirunelveli.

3.The Deputy Superintendent of Police, Tirunelveli.

4.The Inspector of Police, Panakudi Circle Police Station, Panakudi, Tirunelveli District.

5.Sahul Hameed 6.Arul 7.T.Balakrishnan 8.Siva Perumal 9.Sivalingadurai 10.Ravi

...Respondents

Prayer: Writ Petition filed under Article 226 of the Constitution of India to issue Writ of Mandamus, directing the respondents 1 to 3 to consider the representation of the petitioner dated 03.02.2020 and thereby give suitable protection to the temple "SRIMAN NARAYANA SWAMY THIRUKOVIL" based on the compromise decree in O.S.No.371 of 2012 and also take suitable action against the respondents 5 to 10. For Petitioner : Mr.J.Madhu For R1 to R4 : Mr.A.Thiruvadikumar Additional Public Prosecutor For R5 to R10 : Mr.D.Saravanan

ORDER

This Writ Petition is filed to consider the representation of the petitioner, give police protection and take action against the https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD)No.16936 of 2020 private respondents, particularly, police officials for the alleged threat and assault made by them.

2.The relief is couched in such a manner as if only a direction is sought for. But the affidavit filed in support of this Writ Petition disclosed various disputes between the parties over the management of the temple and its administration. Therefore, unless those disputes are resolved or adjudicated properly before the Civil Court, no blanket order of direction cannot be granted in a Writ Petition. Similarly, the allegation of the assault or criminal offence also cannot give credence in this Writ Petition. If such occurrence as alleged or happened, the petitioner has to take steps to register the complaint then and there by resorting Section 200 of Cr.P.C., not in a Writ Petition. In such view of the matter, I do not find any merit in this Writ Petition. Accordingly, this Writ Petition stands dismissed. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar (T&P) // True Copy // / /2022 Sub Assistant Registrar(CS) Myr Note :

In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned. To 1.The District Collector, Tirunelveli.

2.The Superintendent of Police, Tirunelveli. 3.The Deputy Superintendent of Police, Tirunelveli. 4.The Inspector of Police, Panakudi Circle Police Station, Panakudi, Tirunelveli District.

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

+1 CC to M/s.J.MADHU, Advocate ( SR-5649[F] dated 11/02/2022 ) W.P.(MD)No.16936 of 2020 10.02.2022 KS(CO) GC(25.02.2022) 2P 7C https://hcservices.ecourts.gov.in/hcservices/ 2/2