Madras High CourtWP(MD)/28820/2022disposed of

M.Parthipan v. The Assistant Commissioner

2023-01-03Honourable Mr Justice K.Murali Shankar5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.01.2023

CORAM

THE HONOURABLE MR.JUSTICE K.MURALI SHANKAR W.P(MD).No.28820 of 2022 M.Parthipan, : Petitioner Vs

1. The Assistant Commissioner, Hindu Religious and Charitable Endowments Department, Pudukkottai District

2. The Superintendent of Police, Pudukkottai District

3. The Deputy Superintendent Of Police, Aranthangi, Pudukottai District

4. The Inspector of Police, Aranthangi Police Station, Pudukottai District : Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents 2 to 4 to take proper and immediate action on the proceedings of the 1st 1/5

respondent via Na.Ka.No. 1306/2015/E1, dated 10.10.2022, who involved in demolition of ArulighuKazhani UdaiyaAyyanar alias Pannirendu Ayyanar Temple and to prevent them from disturbing the process of formation of "Thiruppani Committee" to reconstruct the above temple situated in Survey No. 6/1 comprises of 0.67.0 Hectare situated at Aalapiranthan Revenue Village, Aranthangi Taluk, Pudukottai District, within the time limit that may be stipulated by this Court.

For Petitioner : Mr.Dr.Ramesh Mahadev For Respondents : Mr.R.Siva Kumar Government Advocate (Crl.Side)

ORDER

This writ petition has been filed in the nature of Mandamus, seeking a direction to the respondents 2 to 4 to take proper and immediate action on the proceedings of the 1st respondent via Na.Ka.No. 1306/2015/E1, dated 10.10.2022, who involved in demolition of ArulighuKazhani UdaiyaAyyanar alias Pannirendu Ayyanar Temple and to prevent them from disturbing the process of formation of "Thiruppani Committee" to reconstruct the above temple situated in Survey No. 6/1 comprises of 0.67.0 Hectare situated at 2/5

Aalapiranthan Revenue Village, Aranthangi Taluk, Pudukottai District. 2.When the matter is taken up for hearing, the learned Government Advocate(Crl.Side) would submit that on the basis of the complaint given by one Bhuvaneshwari, the FIR in Crime No.243 of 2022 came to be registered on 04.05.2022, under Sections 147, 148, 448 and 427 IPC against six persons and the investigation is pending.

3. The learned Counsel appearing for the petitioner would submit that though the FIR was registered on 04.05.2022, no further action has been taken on the part of the respondent police.

4.The learned Government Advocate(Crl.Side) would submit that the respondent police has called for a report from the Archeology Department and the report is awaited.

5.Recording the said submission, the fourth respondent is directed to complete the investigation and file final report before the jurisdictional Court, 3/5

within a period of three months, from the date of receipt of a copy of this order.

6.With the above direction, this writ petition is disposed of. 03.01.2023 NCC : Yes / No Index : Yes / No Internet : Yes/ No lr To

1. The Assistant Commissioner, Hindu Religious and Charitable Endowments Department, Pudukkottai District

2. The Superintendent of Police, Pudukkottai District

3. The Deputy Superintendent Of Police, Aranthangi, Pudukottai District

4. The Inspector of Police, Aranthangi Police Station, Pudukottai District 5.The Additional Public Prosecutor Madurai Bench of Madras High Court, Madurai.

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K.MURALI SHANKAR ,J.

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