Madras High Court
Shirdi Sai Sivanesan Swamiji Memorial ... vs The District Superintendent Of Police on 8 February, 2024
Author: N.Anand Venkatesh
Bench: N.Anand Venkatesh
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 08.02.2024
CORAM:
THE HON'BLE MR.JUSTICE N.ANAND VENKATESH
WP No.2774 of 2024
Shirdi Sai Sivanesan Swamiji Memorial Trust,
Represented by its Managing Trustee Mr.P.Sundararaj
No3/168/1, Matheswaran Kovil Thottam,
Naickenpalayam Village,
Coimbatore – 641 020 ....Petitioner
Vs.
1. The District Superintendent of Police,
Coimbatore District,
Coimbatore – 641 018
2. The Deputy Superintendent of Police,
Periyanaickenpalayam Sub Division,
Coimbatore District.
3. The Inspector of Police,
Periyanaickenpalayam Police Station,
Coimbatore District – 641 020
4. The Executive Magistrate Cum Revenue Divisional Officer,
Coimbatore North, Coimbatore District.
5. N.Dharmalingam ..Respondents
1/6
https://www.mhc.tn.gov.in/judis
Prayer: Writ petition filed under Article 226 of constitution of India Directing the
respondents 1 to 3 herein to forthwith give police protection to the petitioner trust
Shirdi Sai Sivanesan Swamiji Memorial Trust to conduct poojas and other activities in
temple situated at S.No.483/1-A, No.1, Naickenpalayam Village, Periyanaickenpalayam,
Coimbatore North Taluk based on the order dated 18.11.2023 passed by the RDO,
Coimbatore North.
For Petitioner : Mr.V.Anandhamurthy
For Respondent : Mr.A.Damodaran,
Additional Public Prosecutor
ORDER
This writ petition has been filed for the issue of writ of Mandamus directing the respondents 1 to 3 to act on the representation made by the petitioner and to give police protection based on the order that was passed by the Revenue Divisional Officer, Coimbatore North dated 18.11.2023.
2. Heard Mr.V.Anandhamurthy, learned counsel for the petitioner and Mr.A.Damodaran, learned Additional Public Prosecutor for respondents.
3. The case of the petitioner is that the subject property belongs to the 2/6 https://www.mhc.tn.gov.in/judis petitioner trust by virtue of the judgement and decree passed by the competent civil Court which was confirmed up to this Court in SA No.559 of 2022 by judgment dated 04.08.2022. Even after the judgement was passed by the competent Civil Court, the B party was attempting to interfere with the affairs of the trust. Since the activities caused serious breach of peace, the matter was referred to the RDO, Coimbatore, North, by the 3rd respondent. After the reference was made, the 4th respondent conducted an enquiry and through proceedings dated 18.11.2023, the following direction was given :-
Fw;wtpay; eilKiwr;rl;l gpup[t[ 145d; fPH; A ghh;l;oia nrh;e;j jpU/Re;jh;uh$; kw;Wk; jpU/r";rPt;Fkhh; MfpnahUf;F chpika[[ila nkw;go nfhtpy; eph;thfk; kw;Wk; mjid rhh;e;j ,lj;jpy; mikjpf;F Fe;jfk; tpistpf;Fk; tifapy; B ghh;;l;oapdh; kw;Wk; K:d;whk; egh;fs; mj;JkPwp EiHaf;TlhJ vdt[k; ,jd; K:yk; cj;jutplg;gLfpwJ/ nkYk;. A ghh;;l;oia nrh;e;j jpU/Re;jh;uh$; kw;Wk; jpU/r";rPt;Fkhh; Mfpnahh; jug;gpypUe;Jk; vt;tpj rl;lk; xG';F gpur;rida[k; vHh tz;zk; bray;gLkhWk; ,jd; K:yk; cj;jutplg;gLfpwJ/
4. Pursuant to the above order, the petitioner made a representation on 30.11.2023, seeking for police protection. Since this representation was not acted upon, the present writ petition has been filed before this Court.
5. The learned Additional Public Prosecutor on instructions submitted that as against the order passed by the RDO, Coimbatore North, the rival party has filed an 3/6 https://www.mhc.tn.gov.in/judis appeal and it is pending before the District Revenue Officer, Coimbatore.
6. In the considered view of this Court, there is already a civil suit decree passed in favour of the petitioner and it was confirmed up to this Court. That apart, the RDO, Coimbatore, had also applied his mind and after taking into consideration the decree passed by the Civil Court, directed the B party not to interfere with the affairs of the petitioner trust. Inspite of the same, if the threat continues, the respondent police shall take action against the concerned party and shall also provide police protection to the petitioner. Just because, an appeal is pending before the DRO, who is not the competent authority to challenge the order passed under Section 145 of Cr.PC, the same cannot tie the hands of the police in the light of the Civil Court decree and also the order passed by the RDO.
7. In the result, this Writ Petition is disposed of with the above directions.
08.02.2024 Speaking Order : Yes/No Index : Yes/No Neutral Citation : Yes/No. rka 4/6 https://www.mhc.tn.gov.in/judis To
1. The District Superintendent of Police, Coimbatore District, Coimbatore – 641 018
2. The Deputy Superintendent of Police, Periyanaickenpalayam Sub Division, Coimbatore District.
3. The Inspector of Police, Periyanaickenpalayam Police Station, Coimbatore District – 641 020
4. The Executive Magistrate Cum Revenue Divisional Officer, Coimbatore North, Coimbatore District.
5. The Public prosecutor, High Court, Madras 5/6 https://www.mhc.tn.gov.in/judis N.ANAND VENKATESH,J rka W.P.No.2774 of 2024 08.02.2024 6/6 https://www.mhc.tn.gov.in/judis