Madras High Court
Mr.Venkatesan vs The District Collector on 28 February, 2025
Author: G.K.Ilanthiraiyan
Bench: G.K.Ilanthiraiyan
WP.No.31966 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 28.02.2025
CORAM:
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN
WP.No.31966 of 2024
Mr.Venkatesan ... Petitioner
Vs.
1. The District Collector,
Collectorate Office,
Villupuram District.
2. The Revenue Divisional Officer,
Gingee Taluk,
Villupuram District.
3. The Tahsildar,
Gingee Taluk,
Villupuram District.
4. The Inspector of Police,
Gingee Taluk,
Villupuram District.
5. Packiaraj
6. Raja ... Respondents
Prayer : Writ petition filed under Article 226 of the Constitution of India
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WP.No.31966 of 2024
for issuance of a Writ of Mandamus, directing the 4th respondent to give
police protection to the petitioner for doing poojas in the Sri Vazhai
Amman Samedha Muneeswaran Temple, Kallalipatty Village, Gingee
Taluk, Villupuram District by taking action against the complaint dated
30.08.2024 and 04.10.2024 lodged by the petitioner.
For Petitioner : Mr.C.Umashankar
For Respondents : Mr.P.Balathandayutham
Special Government Pleader,
for R1 to R3
: Mr.K.M.D.Muhilan
for R4
: Mr.T.Vijayaraghavan
ORDER
This Writ Petition has been filed seeking a direction to the fourth respondent to provide police protection to the petitioner for performing poojas in the Sri Vazhai Amman Samedha Muneeswaran Temple, Kallalipatty Village, Gingee Taluk, Villupuram District.
2. According to the petitioner, he is the Poojari and Parambarai Dharmakartha of the Sri Vazhai Amman Samedha Muneeswaran Temple, Kallalipatty Village, Gingee Taluk, Villupuram District. While the petitioner is performing daily poojas to the deity, the respondents 5 2/6 https://www.mhc.tn.gov.in/judis ( Uploaded on: 09/04/2025 04:06:09 pm ) WP.No.31966 of 2024 and 6 have objected the same and attempted to reserve their entire rights of the petitioner from performing poojas to the deity of the Sri Vazhai Amman Samedha Muneeswaran Temple, Kallalipatty Village, Gingee Taluk, Villupuram District.
3. The petitioner has filed a suit in O.S.No.333 of 2015 before the District Munsif Court, Gingee as against the defendants 1,2,3,4, and 5 (Natarajan, Kumaravel, Devaraj, Krishnan and Dhanasekar) therein who are the persons instigated by Packiaraj/5th respondent herein for declaring the petitioner's right of poojari to perform poojas and also administer the Sri Vazhai Amman Samedha Muneeswaran Temple, Kallalipatty Village, Gingee Taluk, Villupuram District and also sought temporary injunction.
4. Though the suit was filed against the defendants therein and not against the respondents 5 and 6 herein, the defendants in the suit are the persons instigated by the 5th and 6th respondents herein. Initially the defendants were set exparte and an exparte order was passed in the interim injunction application. Subsequently it was set aside and the same 3/6 https://www.mhc.tn.gov.in/judis ( Uploaded on: 09/04/2025 04:06:09 pm ) WP.No.31966 of 2024 was pending for hearing before the District Munsif Court, Gingee.
5. The learned Senior Counsel appearing for the respondents 5 and 6 submits that the sixth respondent is the Poojari and he is performing daily poojas for the said temple.
6. Admittedly, the suit for declaration seeking for declaring the right of the petitioner as Poojari for the said temple is pending in O.S.No.333 of 2015 on the file of the District Munsif Court, Gingee.
Therefore, pending suit seeking declaration of right to perform poojas to the deity and administer the aforesaid temple, the representation submitted by the petitioner seeking police protection for performing daily poojas to the deity of the said temple cannot be considered by this Court.
7. In view of the above, this Writ Petition is dismissed. No costs.
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1. The District Collector, Collectorate Office, Villupuram District.
2. The Revenue Divisional Officer, Gingi Taluk, Villupuram District.
3. The Tahsildar, Gingi Taluk, Villupuram District.
4. The Inspector of Police, Gingi Taluk, Villupuram District.
5. The Public Prosecutor, Madras High Court, Chennai.
G.K.ILANTHIRAIYAN, J.
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