Madras High Court
M.Ponnusamy … vs The Inspector Of Police on 27 January, 2021
W.P.No.1586 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 27.01.2021
CORAM
THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH
W.P.No.1586 of 2021
M.Ponnusamy … Petitioner
Vs.
1. The Inspector of Police,
D-4, Steel Plant Police Station,
Salem.
2. C.Kuppusamy … Respondents
Prayer: Writ petition filed under Article 226 of the Constitution of India,
praying for the issuance of Writ of Mandamus directing the first
respondent to give police protection to conduct consecration festival of
Arulmigu Ayyanarappan Temple situate at Ayyanna Valavu,
Arigoundampatti Village, Murungapatti Post, Salem Taluk and District
scheduled to be held on 29.01.2021 based on the representation dated
10.01.2021.
For Petitioner : Mr.C.Prakasam
For Respondents : Mr. M.Mohamed Riyaz,
Additional Public Prosecutor
https://www.mhc.tn.gov.in/judis/
1/4
W.P.No.1586 of 2021
ORDER
This Writ Petition has been filed for the issue of Writ of
Mandamus directing the first respondent to act upon the representation
made by the petitioner dated 10.01.2021, wherein the petitioner has
sought for police protection in order to conduct the temple festival.
2. The case of the petitioner is that the second respondent was
claiming a right over the temple and he filed a suit in O.S.No.594 of
2016, before the I Additional District Munsif Court, Salem, seeking for
the relief of permanent injunction. In the said suit, the petitioner was
added as third defendant. This suit came to be dismissed by a judgment
and decree dated 30.04.2019. Aggrieved by the same, the second
respondent filed an appeal in A.S.No.49 of 2019, before the II Additional
Sub Court, Salem and the appeal also came to be dismissed by judgment
and decree dated 15.11.2019.
3. The grievance of the petitioner is that inspite of the dismissal of
the suit and the appeal, the second respondent is not allowing the
petitioner and others to conduct the temple festival and is also causing
https://www.mhc.tn.gov.in/judis/
W.P.No.1586 of 2021
threat to them. When a complaint was given to the first respondent, the
same was not acted upon. Hence, left with no other option, the present
Writ Petition has been filed before this Court.
4. Heard Mr.C.Prakasam, learned counsel for the petitioner and
Mr.Mohamed Riyaz, learned Additional Public Prosecutor, appearing on
behalf of first respondent.
5. Taking into consideration the facts and circumstances of the
case and also the judgment and decree passed by the competent Civil
Courts, there shall be a direction to the first respondent to call the parties
for an enquiry and instruct the second respondent not to cause any threat
to the petitioner and others and to work out his remedy in the manner
known to law. If inspite of such instructions, the second respondent
continues to pose threat to the petitioner and others, action shall be taken
against him immediately. If required, the first respondent shall also
provide police protection during the temple festival by imposing
necessary conditions.
https://www.mhc.tn.gov.in/judis/
W.P.No.1586 of 2021
N.ANAND VENKATESH.J,
rli
6. This Writ Petition is disposed of with the above directions. No
costs
27.01.2021
Internet:Yes/No
Index:yes/no
Note: Issue order copy on 27.01.2021
rli
To
1. The Inspector of Police,
D-4, Steel Plant Police Station,
Salem.
2. The Public Prosecutor,
High Court, Madras.
W.P.No.1586 of 2021
https://www.mhc.tn.gov.in/judis/
