Madras High Court
Poosari Pinniyakkal vs The District Collector on 17 March, 2025
W.P(MD) No.6918 of 2025
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 17.03.2025
CORAM:
THE HONOURABLE MR.JUSTICE P.DHANABAL
W.P(MD) No.6918 of 2025
and W.M.P(MD) No.5205 of 2025
Poosari Pinniyakkal ... Petitioner
Vs.
1. The District Collector,
Office of the District Collector,
Madurai.
2. The Superintendent of Police,
Office of the Superintendent of Police,
Madurai.
3. The Revenue Divisional Officer
Office of the Revenue Divisional Officer,
Usilampatti,
Madurai District.
4. The Deputy Superintendent of Police,
Office of the Deputy Superintendent of Police,
Usilampatti,
Madurai District.
5. The Inspector of Police,
Usilampatti Town Police Station,
Usilampatti, Madurai District.
6. Malaiyan @ Vasudevan
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Page No. 1 of 7
W.P(MD) No.6918 of 2025
7. Gurunathan
8. Masanan
9. Poongodi
10. Poongodi Pinnathevan
11. Periyabalu @ Pinnathevan
12. Karuppathevar
13. Poosari Kasimayan
14. Vasudevan
15. Sangulakshmi
16. Nagakshmi
17. Valluvathevan
18. Kathiravan ... Respondents
PRAYER:Writ Petition filed under Article 226 of Constitution of India,
for issuance of Writ of Mandamus, directing the respondents 1 to 5 to
give police protection to the petitioner to perform her duty as Poosari to
the Arulmighu Sri Durgaiamman Thirukovil, near Linganayakkanpatti
Village, Usilampatti Taluk, Madurai District, on the back ground of facing
threat from the respondents 6 to 18 herein by considering the
representation dated 20.02.2025.
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Page No. 2 of 7
W.P(MD) No.6918 of 2025
For Petitioner : Mr.K.R.Laxman
For R-1 to R3 : Mr.M.Senthil Ayyanar
Government Advocate
For R2, R4 & R5 : Mr.R.M.Anbunithi
Additional Public Prosecutor (Crl. Side)
ORDER
This writ petition has been filed by the petitioner to direct the
respondents no.1 to 5 to give police protection to the petitioner to perform
her duty as Poosari to the Arulmighu Sri Durgaiamman Thirukovil, near
Linganayakkanpatti Village, Usilampatti Taluk, Madurai District, by
considering the representation dated 20.02.2025.
2. According to the petitioner, she is the hereditary Poosari of the
Temple, namely, Arulmighu Sri Durgaiamman Thirukovil, near
Linganayakkanpatti Village, Usilampatti Taluk, Madurai District. While
so, the private respondents no.6 to 18 have started threatening the
petitioner by stating that the petitioner being the women cannot perform
as Poojari and the Temple should be handed over to any one of the
respondents no. 6 to 18. Thereafter, the Tahsildar has passed an order
dated 14.09.2007 as against the petitioner and the same was challenged
through W.P.(MD) NO.9704 of 2007 and the same was ended in favour of
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the petitioner. The said order was challenged through W.A.(MD) No.586
of 2008 and the same was also disposed of in favour of the petitioner.
The petitioner has also filed a suit in O.S.No.13 of 2007 on the file of the
District Munsif Court, Usilampatti in respect of perform as poojari and
the same was decreed in her favour, and thereafter, in the appeal A.S.No.
82 of 2011, the same was reversed through decree and judgment.
Therefore, the petitioner has filed a petition in Crl.O.P (MD) No.15385 of
2020 for police protection and the same was also disposed of by allowing
the petition. As against the decree and judgment of the first appeal, the
petitioner is taking steps to file a second appeal. In the mean time, the
respondent no. 6 to 18 are taking steps to dispossess the petitioner and
thereby, the petitioner sent a representation dated 20.02.2025, but the
same has not been considered by the official respondents. Hence this
petition.
3. The learned Government Advocate appearing for the respondents
no.1 to 3 would submit that already there is a dispute pending between the
petitioner and the other private respondents in respect of poogari.
Therefore, a civil dispute is also pending between the parties.
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4. The learned Additional Public Prosecutor (Criminal Side)
appearing for the respondents no.2, 4 and 5 would submit that the
representation of the petitioner dated 20.02.2025 is under consideration
and they will conduct an enquiry and dispose of the same within fifteen
days.
5. Since the prayer of the petitioner is to consider the
representation, this Court even without issuing notice to the private
respondent no.6 to 18 inclined to pass orders.
6. The prayer of the petitioner is to consider the representation
dated 20.02.2025 for police protection and the same is under
consideration by the 5th respondent. Therefore, recording the above said
submission of the learned Additional Public Prosecutor, this Court directs
the 5th respondent to consider the representation of the petitioner dated
20.02.2025 and conduct enquiry and dispose of the same after affording
opportunities to both the parties within a period of fifteen (15) days from
the date of this order.
7. With the above said observations and directions, this writ petition
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is disposed of. No costs. Consequently, connected writ miscellaneous
petition is closed.
17.03.2025
NCC : Yes/No
Index : Yes / No
Internet : Yes / No
Mac
To
1. The District Collector,
Office of the District Collector,
Madurai.
2. The Superintendent of Police,
Office of the Superintendent of Police,
Madurai.
3. The Revenue Divisional Officer
Office of the Revenue Divisional Officer,
Usilampatti,
Madurai District.
4. The Deputy Superintendent of Police,
Office of the Deputy Superintendent of Police,
Usilampatti,
Madurai District.
5. The Inspector of Police,
Usilampatti Town Police Station,
Usilampatti, Madurai District.
6. The Additional Public Prosecutor,
Madurai Bench of Madras High Court, Madurai.
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P.DHANABAL, J.
Mac
17.03.2025
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