Balagurunathan v. The Deputy Superintendent Of
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.11.2019
CORAM:
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN W.P.(MD) No. 17001 of 2018 and W.M.P.(MD) Nos. 14994 to 14996 of 2018
1. Balagurunathan
2. Indra
...Petitioners
Vs.
1. The Deputy Superintendent of Police, Ramanathapuram having his office at the Deputy Superintendent of Police Office, Ramanathapuram Town, Ramanathapuram District.
2. The Inspector of Police, Uchipuli Police Station, having its office at Utchipuli, Ramanathapuram Taluk and District.
3. The Inspector of Police, Mandapam Police Station, having her office at Mandapam, Ramanathapuram Taluk and District.
4. The Sub Inspector of Police, Utchipuli Police Station, having his office at Utchipuli, Ramanathapuram Taluk and District.
5. The Sub Inspector of Police, Utchipuli Police Station, having his office at Utchipuli, Ramanathapuram Taluk and District.
6. Sri Manikandan
7. Ashok Kumar
8. Ravikumar
9. Gurusamy
10. Nagarajan (R-9 & R-10 are impleaded vide order dated 26.09.2019 made in WMP (MD) No. 17612 of 2018 in W.P.(MD) No.17001 of 2018) ... Respondents PRAYER:- Petition filed under Article 226 of the Constitution of India seeking a Writ of Prohibition, or any other appropriate writ or order preventing, restraining and prohibiting the respondents-1 1/5
to 6 from any way interfering with the civil right of the petitioners to manage and administer the institution known as Sri Pamban Swamigal Temple situate in Pirappan Valasai Village, Ramanathapuram Taluk and District in their capacity as the trustees of the said institution.
For Petitioners : Mr. M.S. Balasubramania Iyer For Respondent : Mr. R. Anandaraj Nos.1 to 5 Additional Public Prosecutor For R-7 & R-8 : Mr. A.R. Nambu Nayagam For R-9 & R-10 : Mr. V. Ragavachari
ORDER
This writ petition has been filed to restrain and prohibit the respondents-1 to 6 from any way interfering with the civil right of the petitioners to manage and administer the institution known as Sri Pamban Swamigal Temple situate in Pirappan Valasai Village, Ramanathapuram Taluk and District in their capacity as the trustees of the said institution.
2. The learned Additional Public Prosecutor appearing for the respondent Nos.1 to 5 submitted that no complaint is pending lodged by the private respondents as against the petitioners. The statement is recorded.
3. Recording the aforesaid submission, the respondents-1 to 5 are directed to not to interfere with the civil dispute between the petitioners and private respondents. However, the police officials are at liberty to take appropriate action as against the petitioners, if they are involved any criminal offence. However, the respondents-7 & 8 submitted that they lodged a complaint seeking police protection from the hands of the petitioners and the same is pending on the file of the second respondent. In this regard, the second respondent is directed to conduct enquiry, after issuing notice to the petitioner as well as the respondents- 7 & 8 and pass order on merits and in accordance with law.
4. With the above observations, the Writ Petition is closed. However, there shall be no order as to costs. Consequently, connected miscellaneous petitions are closed. Sd/- Assistant Registrar (CS-II) // True Copy // Sub Assistant Registrar(CS) 2/5
ksa To
1. The Deputy Superintendent of Police, Ramanathapuram having his office at the Deputy Superintendent of Police Office, Ramanathapuram Town, Ramanathapuram District.
2. The Inspector of Police, Uchipuli Police Station, having its office at Utchipuli, Ramanathapuram Taluk and District.
3. The Inspector of Police, Mandapam Police Station, having her office at Mandapam, Ramanathapuram Taluk and District.
4. The Sub Inspector of Police, Utchipuli Police Station, having his office at Utchipuli, Ramanathapuram Taluk and District.
5. The Additional Public Prosecutor Madurai Bench of Madras High Court, Madurai.
+1 CC to Mr.V.RAGHAVACHARI, Advocate ( SR-100702[F]dated 22/11/2019 ) +1 CC to Mr.A.R.NAMBUNARAGAM, Advocate ( SR-100736[F]dated 22/11/2019 ) 21.11.2019 VB(18.12.2019) 3P 8C 3/5