Madras High CourtWP(MD)/24438/2022dismissed

Muthiah A v. The District Superintending Of Police

2022-11-15Honourable Mr Justice Sathi Kumar Sukumara Kurup4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 15.11.2022

CORAM

THE HONOURABLE MR.JUSTICE SATHI KUMAR SUKUMARA KURUP W.P(MD)No.24438 of 2022 A.Muthiah ... Petitioner Vs.

1..The District Superintendant of Police, District Police Office, Madurai-7.

2.The Sub Inspector of Police, Sindhupattai Police Station, Thriumangalam Taluk, Madurai District.

3.Annamalai ... Respondents Prayer: Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Mandamus, to direct the Respondents 1 and 2 to conduct the enquiry and instruct the third Respondent to permit the Writ Petitioner to participate the all activities in Vagaikulam Ayyanar Temple, as hereditary trustee capacity as per decree and judgment in A.S.No. 45/2003 on the file of I Additional District Judge, Madurai dated 25.02.2005.

For Petitioner :No Appearance For R1 and R2 :Mr.R.Suresh Kumar Government Advocate (Crl.side) ***

ORDER

This Writ Petition had been filed to direct the Respondents 1 and 2 to conduct the enquiry and instruct the third Respondent to permit 1/4

the Writ Petitioner to participate the all activities in Vagaikulam Ayyanar Temple, as hereditary trustee capacity as per decree and judgment in A.S.No.45/2003 on the file of I Additional District Judge, Madurai dated 25.02.2005.

2.When the Writ Petition is taken up for hearing, no representation for the Petitioner. The learned Government Advocate (Crl.side) submitted that based on the complaint of the Petitioner, enquiry was conducted by the Respondent Police and the Petition was closed. The submission of the learned Government Advocate (Crl.side) is recorded.

3.In the light of the submission made by the learned Government Advocate (Crl.side) as well as in the light of the order of the Honourable Division Bench of this Court in CDJ 2018 MHC 5100, in the case of G.Prabakaran vs The Superintendent of Police, Thanjavur District and another, this Writ Petition is dismissed as not maintainable. No costs.

15.11.2022 Index : Yes / No cmr 2/4

To 1..The District Superintendant of Police, District Police Office, Madurai-7.

2.The Sub Inspector of Police, Sindhupattai Police Station, Thriumangalam Taluk, Madurai District.

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

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SATHI KUMAR SUKUMARA KURUP cmr W.P(MD)No.24438 of 2022 15.11.2022 4/4