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2016 Supreme(Mad) 245

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
S. MANIKUMAR, C.T. SELVAM, JJ.
P. Manoharan - Appellant
Vs.
The Superintendent of Police, O/o. The Superintendent of Police, Virudhunagar District Anr. - Respondents
Writ Appeal(MD)No.304 of 2016 and C.M.P(MD)Nos.1726 and 1727 of 2016
Decided on : 16.02.2016

Advocates:
Advocate Appeared:
For the Appellant: Mr. N. Mohideen Basha
For the Respondents: Mr. N. Manoharan

Headnote:Appeal-on receipt of the representation-by the appellant/petitioner-the 2nd respondent/Inspector of Police, ought to have considered the same, on merits, with reference to the orders, passed by the Courts, and taken a decision. To ensure peace in the performance of Kula Deiva Vazhipadu and Poojas, Police has to take appropriate decision - 2ndrespondent/Inspector of Police, to consider the representation of the appellant/petitioner seeking permission and police protection - Appeal disposed of.

JUDGMENT :

S. Manikumar, J.

Material on record discloses that while noticing the difference of opinion between two groups, vide proceeding in Na.Ka.A1/2662/2015, dated 16.03.2015, the Tahsildar, Virudhunagar, has directed that Arulmigu Karku Vallaiyan Banthi Madasamy Kovil, situated at No.16, Parapatti Street, Virudhunagar Town, be closed, as done in 2013, and that the key of the said temple, be handed over, to him. The said proceeding, dated 16.03.2015, has also been issued, taking note of the difference of opinion, between the two groups, in the Peace Committee Meeting conducted on 07.03.2015 and 12.03.2015 respectively, and also on the basis of the legal opinion, dated 16.02.2015, offered by the learned Government Pleader, District Munsif Court, Virudhunagar.

2. Proceeding, dated 16.03.2015, of the Tahsildar, Virudhunagar, has been challenged in W.P(MD)No.4757 of 2015, and vide order, made in M.P(MD)Nos.1 and 2 of 2015 in W.P(MD)No.4757 of 2015, dated 31.03.2015, the Writ Court, has stayed the proceeding, dated 16.03.2015.

3. Added further, Mr. N. Mohideen Basha, learned counsel for the appellant/petitioner, submitted that the abovesaid writ petition, in which, the proceeding dated 16.03.2015, of the Tahsildar, Virudhunagar, has been stayed, is still pending.

4. Material on record, further discloses that claiming himself, to be the Poosari, for himself and others, the appellant/petitioner herein, has filed a suit, in O.S.No.192 of 2013, on the file of the learned District Munsif, Virudhunagar. I.A.No.531 of 2013 in O.S.No.192 of 2013, has been filed, seeking for an interim injunction, restraining the defendants/respondents therein, from interfering with his right as Poosari and others, to worship.

5. Material on record discloses that after notice to respondents 1 to 4, a counter affidavit has been filed. After hearing the parties, on 03.03.2014, the learned District Munsif, Virudhunagar, in I.A.No.531 of 2013 in O.S.No.192 of 2013, has passed the following order:-

''Hearing Respondent (No Further Adjournment) Respondent heard in part and petition under Order 26, Rule 9 filed & witness summons filed for examined witness till then status co is ordered till disposal of main as Exhibit marked on the side of petition show that prima facie he is maintaining the temple. Commission Application check & call on 11.3.14.''

6. Record of proceedings of the lower Court, further shows that the interim order, granted on 03.03.2014, has been extended, and entries in I.A.No.531 of 2013 in O.S.No.192 of 2013, placed before us, are only, upto 30.01.2015. There are no further materials, appended, in the typed set of papers, as to whether the status-quo, granted on 03.03.2014, is still in force, as on date.

7. When the matter stood thus, the appellant/petitioner seemed to have made a representation, dated 01.08.2015 to the Inspector of Police, Virudhunagar Bazaar Police Station, Virudhunagar District, the 2nd respondent herein, to afford police protection for Kula Deiva Vazhipadu, in Arulmigu Karku Vallaiyan Banthi Madasamy Kovil, situated at No.16, Parapatti Street, Virudhunagar Town, scheduled on 04.09.2015.

8. Contending inter alia, that the said representation, had not been considered, the appellant/petitioner has filed W.P(MD)No.15676 of 2015, for a Mandamus, to consider his representation dated 01.08.2015, and to direct the Inspector of Police, Virudhunagar Bazaar Police Station, Virudhunagar District, 2nd respondent therein, to afford police protection. Vide order, dated 31.08.2015, in W.P(MD)No.15676 of 2015, this Court directed the 2nd respondent therein, to consider the abovesaid representation, and to pass appropriate orders, on merits and in accordance with law.

9. Material on record further discloses that pursuant to the order, made in W.P(MD)No.15676 of 2015, dated 31.08.2015, by which, a direction has been issued to consider the representation dated 01.08.2015, Kula Deiva Vazhipadu, in Arulmigu Karku Vallaiyan Banthi Madasamy Kovil, situated













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