U. Muthu v. The Superintendent Of Police

Crl.O.P.(MD)No.16638 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 07.03.2022 CORAM :

THE HON'BLE MR JUSTICE G.ILANGOVAN Crl.O.P.(MD)No.16638 of 2019 1.U.Muthu 2.S.Malmurugan ... Petitioners Vs.

1.The Superintendent of Police, Thoothukudi District, Thoothukudi.

2.The Inspector of Police, Kulasekarapattinam Police Station, Thoothukudi, Thoothukudi District.

3.A.T.Karuppaswamy 4.E.Gopal 5.A.Manokaran ... Respondents Prayer: Criminal Original Petition filed under section 482 of Criminal Procedure Code, to set aside the return note dated 08.08.2019 issued by the learned Judicial Magistrate Court, Tiruchendur and direct the 2nd Respondent to register the case on the basis of the petitioner's complaint dated 11,07.2018. For Petitioners: Mr.V.Rajiv Rufus For R1 & R2 : Mr.S.S.Madhavan Government Advocate (Crl.Side)

O R D E R

This petition is filed seeking order to set aside the order that has been passed by the learned Judicial Magistrate Court, Tiruchendur, dated 08.08.2019 and direct the second respondent to register the case on the basis of the petitioner's complaint, dated 11.07.2018.

2.The complaint, which has been filed by the petitioners came to be returned by the concerned Court noting that it is a dispute between the villagers with regard to some festival dispute in temple. By the order dated 29.11.2021, this Court has directed the Revenue Divisional Officer, Tiruchendur, to convene the Peace https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.16638 of 2019 Committee Meeting to work out the possibility of settlement between the parties. Based upon the above said direction, Peace Committee Meeting was arranged on 02.03.2022. In which, both the parties participated. Because of the above said issue, law and order problem is also existing. By which, the 'B' party was directed to hand over the tax to the Temple Authorities. The Temple Authorities, who are in-charge of the above said temple, must receive tax and issue receipt. The Inspector of Police, Kulasekarapattinam Police Station, Thoothukudi, was directed to monitor the development. It was also made clear that no one should be ex-communicated from the village. 3.The above said resolution of the Peace Committee Meeting held by the Revenue Divisional Officer, Tiruchendur, is placed on record and it shall form part of this order.

4.The learned counsel for the petitioners would submit that if any violation is noticed in the above said resolution, liberty may be given to approach this Court for appropriate remedy. Such liberty is always available to the petitioners.

5.The learned counsel for the petitioners would submit that a direction may also be issued to the Temple Authorities to form a Committee comprising all the community people. But, such prayer is beyond the scope of this Writ Petition. The petitioners can work out their remedy with regard to this point through appropriate proceedings.

6.With the above said liberty, this Criminal Original Petition is disposed of, as infructuous.

Sd/- Assistant Registrar (P&A) // True Copy // / /2022 Sub Assistant Registrar(CS) To 1.The Judicial Magistrate Court, Tiruchendur. 2.The Superintendent of Police, Thoothukudi District, Thoothukudi.

3.The Inspector of Police, Kulasekarapattinam Police Station, Thoothukudi, Thoothukudi District.

4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

Crl.O.P.(MD)No.16638 of 2019 07.03.2022 DSS MS/25.03.2022/2P.5C https://hcservices.ecourts.gov.in/hcservices/ 2/2