A. Ganesan v. The Superintendent Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 17.09.2021
CORAM:
THE HONOURABLE MR.JUSTICE G.ILANGOVAN Crl.O.P.(MD) No.13761 of 2021 A.Ganesan ... Petitioner Vs.
1.The Superintendent of Police, Tirunelveli District, Tirunelveli.
2.The Inspector of Police, Tisaiyanvillai Police Station, Tirunelveli District.
3.Natarajan 4.Sudar 5.Paulraj 6.Esakkimuthu 7.Kala 8.Muthuraj ... Respondents PRAYER: Criminal Original Petition is filed under Section 482 of Cr.P.C, to provide police protection to the petitioner's life and liberty as well as to Sri Sivasudalai Madaswamy Temple, Keerakaran Thattu, Tisaiyanvilai Taluk, Tirunelveli District by considering the petitioner's representation dated 07.08.2021. For Petitioner : Mr.R.Balakrishnan For R1 & R2 : Mr.K.Sanjai Gandhi Government Advocate (Crl.Side)
ORDER
This petition is filed seeking police protection to the petitioner as well as to the temple called Sri Sivasudalai Madaswamy Temple, Keerakaran Thattu, Tisaiyanvilai Taluk, Tirunelveli District, on the basis of the representation dated 07.08.2021. 2.When the matter is taken up for hearing, the learned Government Advocate (Crl.side) appearing for the respondents 1 and 2 would submit that there was a rival group and they claim 1/3
administrative right over the aforesaid temple. So, a Peace Committee Meeting was convened on 11.08.2021 in the presence of the Tahsildar, Tisaiyanvilai and in the meeting, this petitioner also appeared. During the course of meeting, it was stated that the dispute is with regard to the location of the temple and the adjacent portion.
3.For the purpose of ascertaining whether the temple and the adjacent portion are in the Poramboke land or in the patta land, survey is to be undertaken. After the survey only, the matter can be resolved. So, it was agreed that till the issue is resolved by measuring the property, both parties should not proceed with the construction or other Poojas work. Now, after making such an agreement, this petition came to be filed stating that protection must be granted to the petitioner to his life as well as to the temple stating that it is a private temple.
4.Since the petitioner is also a party in the aforesaid Peace committee Meeting resolution, granting of police protection is not proper. He has to follow the resolution that has been taken on 11.08.2021. Depending upon the resolution of the Peace Committee Meeting, further steps may be taken by this petitioner. Except that, no other option is available to the petitioner at this stage. 5.I find absolutely no merit in this petition. It deserves to be dismissed. Accordingly, it is dismissed with the aforesaid liberty.
Sd/- Assistant Registrar (W) // True Copy // / /2021 Sub Assistant Registrar(CS) Mm 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 Superintendent of Police, Tirunelveli District, Tirunelveli.
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2.The Inspector of Police, Tisaiyanvillai Police Station, Tirunelveli District.
3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
+1 CC to M/s.R.BALAKRISHNAN, Advocate ( SR-29485[F] dated 17/09/2021 ) 17.09.2021 RD(27.09.2021) 3P 5C 3/3