Madras High Court
P. Aravindan vs The Superintendent Of Police on 30 August, 2022
Author: N. Sathish Kumar
Bench: N. Sathish Kumar
Crl.O.P.Nos.9717 & 19126 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 30.08.2022
CORAM
THE HONOURABLE MR. JUSTICE N. SATHISH KUMAR
Crl.O.P.Nos.9717 & 19126 of 2022
and Crl.M.P.No.12637 of 2022
Crl.O.P.No.9717 of 2022
P. Aravindan ..Petitioner
Versus
1.The Superintendent of Police
Mayiladuthurai
2.The Inspector of Police
Mayiladuthurai Police Station
Mayiladuthurai
3.S. Rajagopal
4.R. Veedhividangan
5.J.Gnanaselvam
6.R. Sabha
7.M. Kumar
8.A. Ramalingam
9.G. Shanmugasindaram
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Crl.O.P.Nos.9717 & 19126 of 2022
10.Sivakumar
11.The Commissioner
Hindu Religious and Charitable Endowments
Department
N ungambakkam
Chennai 34.
(R-11 impleaded as per order in Crl.MP.No.8370/2022
in Crl.OP.No.9717/2022) ..Respondents
Crl.O.P.No.19126 of 2022
1.R.Pandian
2.P.Aravindan .. Petitioners
Versus
1.State of Tamil Nadu
Rep by the Inspector of Police
Town Police Station
Mayiladuthurai
2.T.Rayar .. Respondents
Prayer in Crl.O.P.No.9717 of 2022: This Criminal Original Petition filed
under Section 482 Cr.P.C. to give adequate police protection to the petitioner
and his labourers.
Prayer in Crl.O.P.No.19126 of 2022: This Criminal Original Petition filed
under Section 482 Cr.P.C. to call for the records and quash the proceedings in
FIR No.532/2022 on the file of the Inspector of Police, Town Police Station,
Mayiladuthurai with respect to the petitioners/Accused 1 and 2.
Crl.O.P.No.9717 of 2022
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Crl.O.P.Nos.9717 & 19126 of 2022
For Petitioner : Mr.M.Kempraj
For Respondents : Mr.E.Raj Thilak for R1-R2
Additional Public Prosecutor
Mr.K.Karthikeyan for R11
Government Advocate (HR&CE)
Mr.R.Shivakumar for R4,R5 & R7
for M/s.K.M.Vijayan Associates
R3,R6 & R8 – No appearance
Crl.O.P.No.19126 of 2022
For Petitioner : Mr.M.Kempraj
For Respondents : Mr.E.Raj Thilak for R1
Additional Public Prosecutor
COMMON ORDER
These petitions are heard together, as they involve with the same petitioner and similar set of facts, this Order will govern them all. It will be more convenient to deal first with the Crl.O.P.No.9717 of 2022.
2. This Criminal Original Petition has been filed seeking to provide adequate police protection to the petitioner and his labourers.
3. The police protection is mainly sought for the purposes of construction 3/7 https://www.mhc.tn.gov.in/judis Crl.O.P.Nos.9717 & 19126 of 2022 of the building and collect the rent in the trust properties and handover to the temple. The petitioner is claiming to be a son of former trustee naemly Shri.R.Pandiyan. According to him, he is put up construction and collecting the rent and therefore he requires protection. It is to be noted that a status report has been filed by the HR & CE Department, which would indicate that the subject temple properties is endowed in favour of the temple for charitable purpose. Once the properties have been endowed to the temple for charitable purposes, the trustee or others cannot usurp the properties wihout any permission as per the HR & CE Act. It is also averred in the status report that the property belonging to the temple has been plotted and unregistered sale deed made in favour of third parties and O.A.No.1 of 2011 is also pending on the file of the Joint Commissioner, Mayiladuthurai.
4. When the crux of the allegations is that the property is endowed to the temple for charitable purpose, the person who is in possession of the property in one way or other cannot claim absolute right and cannot seek seal of approval of the Court to alter the nature of the property. Even if such unregistered sale or plot has been developed, all those acts are invalid as per law. Such view of the matter, this Court cannot entertain such application and police protection cannot 4/7 https://www.mhc.tn.gov.in/judis Crl.O.P.Nos.9717 & 19126 of 2022 be granted and the same is rejected.
5. In view of the above, the Criminal Original Petition in Crl.O.P.No.9717 of 2022 stands dismissed.
Crl.O.P.No.19126 of 2022
6. This Criminal Original Petition has been filed seeking to quash the proceedings in FIR No.532/2022 registered for the offences under Section 420 IPC on the file of the Inspector of Police, Town Police Station, Mayiladuthurai with respect to the petitioners/Accused 1 and 2.
7. The crux of the allegations in the FIR is that the properties endowed to the temple for charitable purposes have been plotted and sold to the third parties by the accused/petitioners. Therefore, the impugned FIR is registered.
8. As the properties, admittedly, endowed in favour of the temple and persons who is in possession try to create alienation and also sold, whether such allegations are true or not and would attract offences under Section 420 IPC will be probed during the investigation. Such view of the matter, considering the 5/7 https://www.mhc.tn.gov.in/judis Crl.O.P.Nos.9717 & 19126 of 2022 nature of allegations as against the petitioners, this Court holds that at this stage, question of quashment of FIR does not arise at all.
9. In view of the above, this Criminal Original Petition stands dismissed. No costs. Consequently, connected miscellaneous petition is closed.
30.08.2022 Internet:Yes/No dhk To
1.The Superintendent of Police Mayiladuthurai
2.The Inspector of Police Town Police Station Mayiladuthurai
3.The Commissioner Hindu Religious and Charitable Endowments Department N ungambakkam Chennai 34.
4.The Public Prosecutor, Madras High Court, Chennai.
6/7 https://www.mhc.tn.gov.in/judis Crl.O.P.Nos.9717 & 19126 of 2022 N. SATHISH KUMAR, J.
dhk Crl.O.P.Nos.9717 & 19126 of 2022 30.08.2022 7/7 https://www.mhc.tn.gov.in/judis