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Madras High CourtWP(MD)/20772/2019disposed of

The Trustee v. The Sup. Of Police

2019-10-15Honourable Mr Justice G.K. Ilanthiraiyan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 15.10.2019

CORAM:

THE HON'BLE MR.JUSTICE G.K.ILANTHIRAIYAN and WMP(MD).Nos. 17393 & 17395 of 2019 The Trustee, Sri Arulmigu Amuthalingaesparar Swami Temple & Sri Muthumari Amman Temple, (Owned by Aruppukottai Nadar Puthu Abiviruthi Trust) Aruppukottai-626101 Virudhunagar District.

... Petitioner -vs1.The Superintendent of Police, Virudhunagar District Virudhunager-626002.

2.The Inspector of Police, Town Police Station, Aruppukottai-626101.

3.S.Ramamurthy 4.M.Raja Pandian 5.M.Sivakumar 6.T.Manickavel 7.P.Velrajan 8.P.Jeyavel Pandian 9.P.Gunasekaran 10.C.Boominathan 11.T.Thiupathi ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, to forbear the Inspector of Police, Aruppukottai-626101 Town Police Station, the second respondent herein from interfering with the administration and management of the Temples namely Sri Arulimigu Amuthalingaespara Swami Temple and Sri Muthumari Amman Temple both belonging to Aruppukottai Hindu Nadar Uravinmuria Pothu Abiviruthi Trust, Aruppukottai.

For Petitioner : Mr.A.V.Arun For R1 & R2 : Mr.K.Suyambulinga Bharathi, Government Advocate (Crl. Side) For R3 to R11 : Mr.A.Baskaran For Intervenor : Mr.Kannan 1/3

ORDER

This Writ Petition has been filed to forbear the Inspector of Police, Aruppukottai-626101 Town Police Station, the second respondent herein from interfering with the administration and management of the Temples namely Sri Arulimigu Amuthalingaespara Swami Temple and Sri Muthumari Amman Temple both belonging to Aruppukottai Hindu Nadar Uravinmuria Pothu Abiviruthi Trust, Aruppukottai.

2.The learned Additional Public Prosecutor appearing for the official respondents submitted that on the compliant preferred by the third respondent, the second respondent police issued C.S.R.No.276 of 2019 and the enquiry is pending. 3.The learned counsel for the petitioner would submit that on the complaint lodged by the third respondent herein, the second respondent police recorded statement that he should not demolish or renovate the Sri Arulimigu Amuthalingaespara Swami Temple and Sri Muthumari Amman Temple.

4.It is seen that one A.Kamarajan, former trustee of the Sri Arulimigu Amuthalingaespara Swami Temple and Sri Muthumari Amman Temple, filed a suit in O.S.No.211 of 2019 on the file of the Principal District Munsif, Sivagangai restraining the petitioner from demolition or renovation of the temple and the same is pending.

5.Considering the facts and circumstances of the case, the second respondent is directed not to interfere with the civil dispute between the petitioner and the private respondents herein and also the above said A.Kamarajan, who is former trustee of the temple, except the complaint lodged by the third respondent herein in C.S.R.No.276 of 2019. The second respondent shall conduct enquiry in C.S.R.No.276 of 2019.

6.With the above directions, this Writ Petition is disposed of. No costs. Consequently, connected miscellaneous petitions are closed.

Sd/- Assistant Registrar(CO) /TRUE COPY/ Sub Assistant Registrar gns To 1.THE SUPERINTENDENT OF POLICE, VIRUDHUNAGAR DISTRICT VIRUDHUNAGER-626002.

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2.THE INSPECTOR OF POLICE, TOWN POLICE STATION, ARUPPUKOTTAI-626101.

3.THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1 CC to M/s.A.V.ARUN, Advocate ( SR-92068[F] dated 16/10/2019 ) +1 CC to M/s.A.BASKARAN, Advocate ( SR-92376[F] dated 17/10/2019 ) 15.10.2019 JM/18.10.2019/3P/6C 3/3