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Madras High CourtWP(MD)/21174/2022disposed of

Selvaraj v. The Superintendent Of Police

2022-09-05Honourable Mr Justice Sathi Kumar Sukumara Kurup4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.09.2022 CORAM :

THE HON'BLE MR.JUSTICE SATHI KUMAR SUKUMARA KURUP Selvaraj

...Petitioner

Vs.

1.The Superintendent of Police, Trichy District

2. The Tahsildar Lalgudi Taluk Trichy District

3. The Inspector of Police Siraganur Police Station Trichy District

4. Annadurai

5. Subramani

...Respondents

PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus directing the respondents No.1 and 3 to provide adequate police protection to conduct the temple festival on 06.09.2022 in the temple by name Pattarappan Swamy Temple situated at Ootathur Village, Lalgudi Taluk, Trichy District based on the petitioners representation dated 08.08.2022 1/4

For Petitioner : Mr.C.Ezhilarasu For R1 to R3 : Mr.R.Meenakshi Sundaram Additional Public Prosecutor

O R D E R

This Writ Petition has been filed seeking issuance of a writ of mandamus directing the respondents 1 to 3 to provide adequate police protection to conduct festival on 06.09.2022 in Pattarappan Swamy Temple situated at Ootathur Village, Lalgudi Taluk, Trichy District based on the petitioner's representation dated 08.08.2022 2.The learned counsel appearing for the Petitioner invited the attention of this Court to the suit in O.S.No.147 of 2010 before the learned District Munsif, Lalgudi seeking permanent injunction restraining the Defendants from interfering with the temple property, wherein the Petitioner herein who is one of the Managers of the trust was arrayed as a Defendant and the said suit came to be dismissed on 05.12.2017. Now, it is alleged that the Plaintiffs 1and 2 in that suit, who are the respondents 4 and 5 herein are attempting to disturb the temple festival. Therefore the Petitioner is constrained to approach this Court seeking relief as stated above.

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3. The learned Additional Public Prosecutor would submit that the suit is O.S.No.147 of 2010 was dismissed on the ground that there was already a decree in O.S.No.279 of 2009 for injunction.

4. In view of the same, the Respondent police is duty bound to protect the decree passed by the Civil Court in O.S. No.279 of 2009.

5. With the above direction, this Writ Petition is disposed of. No costs.

05.09.2022 Index :Yes/No Internet: Yes/No aav Note: Issue Order Copy on 05.09.2022 To 1.The Superintendent of Police, Trichy District

2. The Tahsildar Lalgudi Taluk Trichy District

3. The Inspector of Police Siraganur Police Station Trichy District 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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SATHI KUMAR SUKUMARA KURUP, J.

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