A. Boomirajan v. The Superintendent Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.02.2025
CORAM
THE HON'BLE MR.JUSTICE P.DHANABAL A.Boomirajan S/o.Arumugam Trustee of Nangunadu Aadhidravidar Ikkiya Sangam Registration No.S4/1981 6/4, Market Street, Ponnamaravathi Taluk Pudukottai District ... Petitioner Vs.
1. The Superintendent of Police Dindigul and District
2. The Inspector of Police Palani Police Station Dindigul District 3.Kalaimani ... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India, seeking a Writ of Mandamus directing the respondent to provide adequate police protection to the petitioner while removing the illegal lock put up by the third respondent in a building belong to Nangunadu Aadhidravidar Ikkiya Sangam Building (Nangunattar Madam) in SF.No. 1/7
789 of Government Hospital Opposite, Palani Town, Dindigul District by considering the petitioner's representation dated 14.11.2024. For Petitioner : Mr.R.Paranjothi for M/s.KBS Law Office For Respondents : Mr.M.Sakthi Kumar No. 1 and 2 Government Advocate(Crl.Side) No.3 : Mr. S. Bharathi Kannan
ORDER
The prayer sought for in the present writ petition is to direct the respondent police to provide adequate police protection to the petitioner while removing the illegal lock put up by the third respondent in a building belong to Nangunadu Aadhidravidar Ikkiya Sangam Building (Nangunattar Madam) in SF.No.789 of Government Hospital Opposite, Palani Town, Dindigul District by considering the petitioner's representation dated 14.11.2024.
2. The learned counsel appearing for the petitioner would submit that the petitioner is one among the member of the Trustee of Nangunadu Aadhidravidar Ikkiya Sangam. The office bearers of the Sangam will be elected once in for two years. On 30.06.2019 one 2/7
Subramaniyam from Ponngundranadu was elected as President. Kalamani from Konadu was elected as General Secretary, C. Kalyanasundaram from Ponnamaravathi Nadu was elected as Treasurer and the petitioner was elected as Superintendent from Ponnamaravathi Memuganadu. The term of above office bearers expired on 30.06.2022 and thereafter no general body meeting was conducted. Immediately after the previous term, there was no office bearers. While so, the third respondent unanimously declared himself as President and also joined one Karunanithi and Chadrasekar as General Secretary and Treasurer respectively with him. The third respondent has not conducted any general body meeting for electing new office bearers. While so, suit is O.S. No.
189 of 2023 was filed to declare the above election as null and void before the learned District Munsif, Ponnamaravathy. The building is situated in S.F.No.789 of Palani Town, Dindigul District. There are rooms available for rent during peak season . The third respondent claiming himself as President of Sangam has put lock to the above building with object to defer the building from being let out for rent during the upcoming "ij" 'Thai' month season.
basis during their visit to the pilgrimage. On account of illegal lock made by the third respondent the members of Sangam also not able to stay in the room during their visit. Therefore he made a representation before the respondents 1 and 2 dated 14.11.2024 but the same has not been considered, hence he has filed the present petition.
3. The learned counsel appearing for the third respondent would submit that he has not locked the building. He would further submit that he is the President of the Sangam and for safety purpose he has locked the premises and he has no objection to unlock the premises for the stay of the pilgrims, if the petitioner undertakes not to disturb the administration of the building during that period.
4. The learned Government Advocate(Crl.side) appearing for the respondents 1 and 2 also fairly conceded that if any necessity arises then they will provide adequate police protection as security in accordance with law and further if any complaint is given by any of the parties they will take necessary action.
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5. In view of the undertaking given by both the parties, this Court is inclined to pass the following orders:
a) The third respondent is directed to unlock the premises for the comfortable stay of the pilgrims.
b) If the petitioner wants to stay in the building he has to give prior intimation to the third respondent.
c) The petitioner shall not make any disturbance to the comfortable stay of the pilgrims d) If there is any deviation, either of the parties can approach this Court as well as the respondent police in accordance with law. e) The third respondent is directed to unlock the premises from 07.02.2025 at 8.00 a.m., to 13.02.2025 at 10.00 pm., for the comfortable stay of the prilgrims.
6. With the above direction, the Writ Petition stands disposed of. No costs.
05.02.2025 NCC : Yes / No Index : Yes / No aav Note: Issue order copy on 06.02.2025 5/7
To
1. The Superintendent of Police Dindigul and District
2. The Inspector of Police Palani Police Station Dindigul District 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
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P.DHANABAL, J.
aav 05.02.2025 7/7