Krishnamoorthy v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 16.10.2019 CORAM :

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Krishnamoorthy ... Petitioner Vs.

1.The Superintendent of Police, Dindigul District.

2.The Inspector of Police, Sanarpatti Police Station, Dindigul District.

3.S.P.Chinnaiya ... Respondents Prayer : Writ petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, to direct the second respondent police to give adequate protection for both life, limb and for peaceful conducting of Kumbhabishekam of Sri Mandhai Bagavathiamman temple situated at Maniyakaranpatti, Jothampatti in Dindigul District, as per the injunction granted by the learned Principal District Judge, Dindigul in I.A.No.1/2019 in O.S.No.302/2019.

For Petitioner : Mr.S.Siva Ilayaraja For R1 & R2 : Mr.R.Anandharaj Additional Public Prosecutor

O R D E R

This petition has been filed to direct the second respondent police to give adequate protection for conducting Kumbhabishekam of Sri Mandhai Bagavathiamman temple situated at Maniyakaranpatti, Jothampatti in Dindigul District.

2. Heard, Mr.S.Siva Ilayaraja, learned counsel appearing for the petitioner and Mr.R.Anandharaj, learned Additional Public Prosecutor appearing for the respondents 1 & 2.

3. The learned counsel for the petitioner would submit that the petitioner is the Managing Trustee of Sri Mandhai Bagavathiamman temple, Maniyakaranpatti, Jothampatti, Dindigul District. The said temple is a private temple, which belong to a particular community. While being so, the third respondent has interfered with the 1/3

administration of temple and he also make disturbance in respect of renovation of temple and perform Kumbhabishekam. Thereafter, the petitioner filed a suit in O.S.No.302/2019 before the learned Principal District Judge, Dindigul and had obtained interim injunction in I.A.No.1/2019. Thereafter, he gave a representation to the second respondent police for adequate police protection to conduct Kumbhabishekam of Sri Mandhai Bagavathiamman temple on 30.07.2019 and the same was pending for enquiry.

4. The learned Additional Public Prosecutor would submit that on the representation given by the petitioner on 30.07.2019, the Tahsildar, Dindigul East, Dindigul, conducted a Peace Committee Meeting between the petitioner and the rival parties and the same is pending for enquiry.

5. The petitioner is the Managing Trustee of Sri Mandhai Bagavathiamman temple, Maniyakaranpatti, Jothampatti, Dindigul District. The said temple is a private temple, which is belonging to particular community. While being so, the third respondent has interfered with the administration of the temple and also made disturbance in respect of renovation of temple and perform Kumbhabishekam. Thereafter, the petitioner filed a suit in O.S.No.302/2019 before the learned Principal District Judge, Dindigul and he obtained an order of interim injunction in I.A.No.1/2019. Thereafter, he gave a representation to the second respondent police for adequate police protection to conduct Kumbhabishekam of Sri Mandhai Bagavathiamman temple on 30.07.2019 and the same was pending. On the representation given by the petitioner on 30.07.2019, the Tahsildar, Dindigul East, conducted peace committee meeting between the petitioner and the rival parties and the same is pending for enquiry.

6. The Tahsildar, Dindigul East, Dindigul District is directed to conduct a enquiry on the representation dated 30.07.2019, after issuing notice to all the rival parties and after giving opportunity of hearing to all the parties and pass orders, on merits and in accordance with law, within a period of four weeks from the date of receipt of a copy of this order.

7. With the above directions, the Writ Petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar // True Copy // Sub Assistant Registrar(CS ) 2/3

dss To 1.The Superintendent of Police, Dindigul District.

2.The Inspector of Police, Sanarpatti Police Station, Dindigul District.

3.The Tahsildar, Dindigul East, Dindigul District.

+1 CC to Mr.S.SIVA ILAYARAJA, Advocate ( SR-92157[F] dated 16/10/2019 ) 16.10.2019 MK (19.11.2019) 3P 5C 3/3