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Madras High CourtWP(MD)/21657/2023disposed of

V.Velsamy v. The Superintendent Of Police

2023-09-07Honourable Dr. Justice D.Nagarjun4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.09.2023

CORAM

THE HONOURABLE DR.JUSTICE D.NAGARJUN V.Velsamy ... Petitioner /vs./ 1.The Superintendent of Police, Office of the Superintendent of Police, Thoothukudi District.

2.The Inspector of Police, Ettayapuram Police Station, Thoothukudi District. ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the Respondents to consider the representation of the Petitioner dated 24.07.2023 and take action. For Petitioner : Mr.R.Ramsundarvijayraj For Respondents : Mr.B.Thanga Aravindh Government Advocate (criminal side) 1/4

ORDER

This Writ Petition is filed under Article 226 of the Constitution of India seeking for a direction to the respondent police to consider and dispose of the representation of the petitioner dated 24.07.2023. 2.It is submitted by the learned counsel for the petitioner that the petitioner is the Karta of Sinthalakarai Perumal temple, who is responsible for the property of the temple consisting of 10 acres and 27 cents in S.Nos.64 and 172 in patta No. 32 at Sinthalakarai Village. It is submitted that about 7 persons, who are noway concern to the property belonging to the temple, are trespassing into the said land by cutting the Neem trees and other trees and gravel is also being taken illegally from the said land, basing on which a complaint has been given to the police, however no action has been taken.

3.The learned Government Advocate (Crl.side) submits that the representation of the petitioner is registered as CSR.No.282 of 2023 and since there are rival claims in respect of the said land, the said complaint was forwarded to the Tahsildar and the Tahsildar has initiated the proceedings under Section 145 2/4

Cr.P.C., and they are still pending.

4.Since the representation of the petitioner is taken care by the respondent police and the Tahsildar stated to have initiated the proceedings under 145 Cr.P.C., no further directions can be given in this case, thereby this Petition is disposed of. The petitioner is at liberty to approach the Tahsildar and represent his rights, insofar as lands in respect of the temple are concerned. No costs. Speaking : Yes / No 07.09.2023 NCC : Yes / No Internet : Yes / No Index : Yes / No mm To 1.The Superintendent of Police, Office of the Superintendent of Police, Thoothukudi District.

2.The Inspector of Police, Ettayapuram Police Station, Thoothukudi District. 3/4

DR.D.NAGARJUN, J.

mm 07.09.2023 4/4