Arulmighu Suyambulingaswamy Thirukoil v. The District Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:06.12.2024

CORAM

THE HON'BLE MR.JUSTICE N.ANAND VENKATESH Arulmighu Suyambulingaswamy Thirukoil Rep. by its Hereditary Trustee, P.K.S.T.Radhakrishnan ... Petitioner Vs.

1.The District Superintendent of Police, Tirunelveli.

2.The Deputy Superintendent of Police, Valliyur, Tirunelveli.

3.The Inspector of Police, Uvari Police Station, Uvari.

4.The Tahsildar, Thisayanvilai Taluk, Tirunelveli District.

5.M.Raimond 6.Powersingh ... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the respondents 1 to 3 to provide necessary police protection for constructing the compound wall 1/5

in survey number 407/4 situated in Uvari village within Thisayanvilai Taluk, Tirunelveli District owned by Arulmighu Suyambulingaswamy Thirukoil, Uvari.

For Petitioner : Mr.V.Chandrasekar For Respondents : Mr.A.Albert James Government Advocate (Crl. Side) for R1 to R3 Mr.K.Rajeswaran for R5 & R6 Mr.M.Muthu Kamatchi Government Advocate for R4

O R D E R

This writ petition has been filed for the issua of a writ of mandamus directing the respondents 1 to 3 to provide police protection for constructing the compound wall owned by Arulmighu Suyambulingaswamy Thirukoil, Uvari.

2.Heard the learned counsel for the petitioner, the learned Government Advocate (Crl. Side) appearing on behalf of respondents 1 to 3, the learned Government Advocate appearing on behalf of the fourth respondent and the learned counsel for the respondents 5 and 6. 2/5

3.In the considered view of this Court, the issue that has been raised in the writ petition cannot be resolved by the police. If the parties have any right to construct the compound wall and the same is restrained, the parties will have to work out their remedies before the competent civil Court. In a pure and simple civil dispute, this Court will not allow the police to interfere.

4.In view of the above, this writ petition is dismissed. 06.12.2024 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No PKN 3/5

To 1.The District Superintendent of Police, Tirunelveli.

2.The Deputy Superintendent of Police, Valliyur, Tirunelveli.

3.The Inspector of Police, Uvari Police Station, Uvari.

4.The Tahsildar, Thisayanvilai Taluk, Tirunelveli District.

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

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N.ANAND VENKATESH,J.

PKN Dated:06.12.2024 5/5