Madras High Court
Rajendhiran vs The Superintendent Of Police on 28 June, 2021
W.P.No.13368 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 28.06.2021
CORAM:
THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR
W.P. No.13368 of 2021
Rajendhiran
S/o.Veeramuthu ... Petitioner
Versus
1. The Superintendent of Police,
Ariyalur District,
Ariyalur.
2. The Inspector of Police
Thalavoi Police Station,
Ariyalur District.
3. Rajendhiran
S/o. Ambikapathi
4. Paramasivam ...Respondents
Writ Petition filed under Article 226 Constitution of India, to issue a
Writ of Mandamus, to direct the first and second respondents to provide
adequate police protection to the petitioner to rise barbed wire fence around
the Veeranar and Karuppusamy Temple bearing Survey No.280/3 for an
extent of 2.34 Hectares situated at Sannasinallur Village, Senthurai Taluk,
Ariyalur District and during the Surveyor concerned to carry out survey the
land, by considering the representation of the petitioner dated 05.05.2021 on
the file of the first respondent herein.
For Petitioner : Mr.M.Velmurugan
For Respondents : Mr.A.Damodaran,
Government Advocate (Crl.side)
https://www.mhc.tn.gov.in/judis/
Page No.1 of 4
W.P.No.13368 of 2021
ORDER
This Writ Petition is filed for seeking a police protection to rise
barbed wire fence around the Veeranar and Karuppusamy Temple bearing
Survey No.280/3 for an extent of 2.34 Hectares situated at Sannasinallur
Village, Senthurai Taluk, Ariyalur District, for which, the petitioner sent a
representation dated 05.05.2021 before the first respondent herein.
2.From the representation dated 05.05.2021, it is seen that on the
petitioner's side filed a suit in O.S.No.133 of 1997, and the same was
allowed on 24.12.1999, in favour of the petitioner side, thereafter, aggrieved
the said order, on the respondent side filed an A.S.No.20 of 2020 and the
same was dismissed on 03.07.2012. Once again the judgment was
concluded in favour of the petitioner's side. By relying the same, the
petitioner seeks for fencing of area around the Temple in S.No.280/3,
wherein the rival claimants constructed the buildings of Temple, which is
against the Civil Court findings.
3.From the perusal of the Civil Court findings, it is seen that they got
only permanent injunction in the suit with regard to the direction that not to
disturb worship and conducting poojas on Temple and there is no reference
with regard to the other aspects, which is now the petitioner raising in this
https://www.mhc.tn.gov.in/judis/
W.P.No.13368 of 2021
petition.
4.The learned Government Advocate (Crl.side) appearing for the first
and second respondent submitted that the dispute is purely civil in nature
and the claimant and the rival claimants, made claim over the Temple, is
based on the classification of the lands and what extent the Temple lands
classified are based on the revenue records and it would be appropriate for
the petitioner to approach the revenue authorities, and there is no likelihood
of any breach of peace.
5.In view of the same, this Court directs the petitioner and the rival
group to approach the second respondent herein, who in turn is directed to
conduct an enquiry and to give proper advise to the petitioner and to the
third and fourth respondents.
6.With the above direction, the Writ Petition is disposed of. No costs.
28.06.2021
Index: Yes/No
Internet: Yes/No
klt
https://www.mhc.tn.gov.in/judis/
W.P.No.13368 of 2021
M.NIRMAL KUMAR, J.
klt
To
1. The Superintendent of Police,
Ariyalur District,
Ariyalur.
2. The Inspector of Police
Thalavoi Police Station,
Ariyalur District.
3.The Public Prosecutor,
High Court, Madras.
W.P. No.13368 of 2021
28.06.2021
https://www.mhc.tn.gov.in/judis/
