Palani Town Vishwa Bramana v. The Superintendent Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 30.04.2021
CORAM:
THE HONOURABLE MR. JUSTICE B.PUGALENDHI and M.P.(MD) Nos.1 of 2014 & 1 of 2015 Palani Town Vishwa Bramana Mahajana Sangam, Rep. by its Secretary, R.Thangavel ... Petitioner Vs.
1.The Superintendent of Police, Dindigul District, Dindigul.
2.The Inspector of Police, Palani Town Police Station, Palani, Dindigul District.
3.The Sub-Inspector of Police, Palani Adivaram, Palani, Dindigul District.
... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India seeking issuance of a Writ of Mandamus forbearing the respondents not to interfere in the affairs of the petitioner's Sangam.
For Petitioner : Mr.P.Pandiyarajan for Mr.P.Murugesan For Respondents : Mr.R.Anandharaj, Additional Public Prosecutor *****
O R D E R
This writ petition is filed seeking a mandamus forbearing the respondents from interfering with the affairs of the petitioner Sangam, namely, Palani Town Vishwa Bramana Mahajana Sangam.
2. The second respondent has filed a counter affidavit stating that the parties agreed to seek remedy before the competent Civil 1/3
Court. For better appreciation, the relevant paragraph from the counter affidavit is extracted as under:
"8. I submit that, in fact, I am not aware of the election and administrative affairs between the petitioner's sangam members. As the statutory machinery, on 04.12.2014, the Deputy Superintendent of Police, Palani Sub Division, received a complaint from one Muniappan, who stated himself as the President of Palani Town Vishwa Bramana Mahajana Sangam and on receipt of the same, the Deputy Superintendent of Police forwarded the complaint to me in N.Ref.355/SDO, Palani/PET/2014 on the same day. After received the complaint, I have called both the parties for enquiry. Both rival parties have appeared and produced the documents. The complainant Muniyappan also produced the docket sheet order dated 28.11.2014 in O.S.No.30 of 2014 in connection with the stay granted against the degree issued in the same O.S.No.
30 of 2014 by the Additional District Court, Dindigul. And on further enquiry both the parties are accepted and gave a voluntary statement stating that to seek remedy through civil court. Based on the above facts the respondent police closed the petition enquiry in accordance with law...."
3. Recording the aforesaid submission made in the counter affidavit of the second respondent, this writ petition is closed as no further order is required to be passed.
4. Mr.D.Selvanayagam, learned Counsel submitted that they have filed an impleading petition in M.P.(MD)No.1 of 2015 and submitted that the petitioner therein is the Secretary of the Sangam as on date and therefore, the impleading petition has to be allowed. Since the parties have already undertook to settle their disputes before the competent Civil Court and the relief sought for in this petition is only as against the third respondent, this Court is of the view that there is no necessity for allowing the impleading petition. Consequently, all the connected miscellaneous petitions stand closed.
Sd/- Assistant Registrar (AE) // True Copy // / /2021 Sub Assistant Registrar(CS) gk To 2/3
1.The Superintendent of Police, Dindigul District, Dindigul.
2.The Inspector of Police, Palani Town Police Station, Palani, Dindigul District.
3.The Sub-Inspector of Police, Palani Adivaram, Palani, Dindigul District.
GS (20.05.2021) 3P 4C 3/3