Madras High Court
CRL OP(MD)/24042/2016 of K. VIJAYAKUMAR, Vs THE SUPERINTENDENT OF POLICE, on 29 December 2016
BENCH OF MADRAS HIGH COURT DATED : 29.12.2016 CORAM: THE HONOURABLE Mr.JUSTICE R.MAHADEVAN Crl.O.P.(MD)No.24042 of 2016 K.Vijayakumar ... Petitioner Vs. 1. The Superintendent of Police, Tirunelveli District. 2. The Inspector of Police, Tirunelveli Taluk Police Station, Tirunelveli.
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 29.12.2016
CORAM:
THE HONOURABLE Mr.JUSTICE R.MAHADEVAN
Crl.O.P.(MD)No.24042 of 2016
K.Vijayakumar ...Petitioner
Vs.
1.The Superintendent of Police, Tirunelveli District.
2.The Inspector of Police, Tirunelveli Taluk Police Station, Tirunelveli.
3.Rajapandian ...Respondents
PRAYER: Petition is filed under Section 482 of the Code ofCriminal Procedure, to direct the respondents 1 and 2 to awardadequate police protection to the petitioner and enabling thepetitioner to break open the lock of Sri Vijayaganapathy Temple inSurvey No.293/1 at Plot No.63, Surya Nagar, K.T.C.Nagar Section,Palayamkottai, Tirunelveli in the light of the judgement anddecree dated 12.09.2016 in O.S.No.467 of 2015 passed by thePrincipal Distirct Munsif, Tirunelveli, considering thepetitioner's representation dated 18.12.2016.
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O R D E R
The petitioner has come forward with the present CriminalOriginal petition to direct the respondents 1 and 2 to provideadequate police protection to the petitioner and enabling thepetitioner to break open the lock of Sri Vijayaganapathy Temple inSurvey No.293/1 at Plot No.63, Surya Nagar, K.T.C.Nagar Section,Palayamkottai, Tirunelveli in the light of the judgment and decreedated 12.09.2016 in O.S.No.467 of 2015 passed by the PrincipalDistirct Munsif, Tirunelveli, by considering the petitioner'srepresentation dated 18.12.2016.
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2. The case of the petitioner is that for maintaining the abovesaid Temple, the 3[rd] respondent and one Muthukrishnan have been appointed. However, in order to take over the affairs of thetemple, they threatened the petitioner and also on 10.11.2014 theychanged the name of the temple as Sri Surya Vinayagar Temple anddeclared Mahakumbabishekam function. Hence, the petitioner fileda suit in O.S.No.467 of 2015 before the Principal District MunsifCourt, Tirunelveli, for permanent injunction and the suit wasdecreed on 12.09.2016 as prayed for.
4. The contention of the petitioner is that inspite of theabove said order, the 3[rd] respondent is continuously creatingproblem and took away all the pooja articles and also locked thetemple. Hence, the petitioner gave a representation on 18.12.2016before the respondents 1 and 2 to break open the lock of thetemple. Since no action has been taken so far, the petitioner isbefore this Court with the present petition.
5. Heard the learned counsel for the petitioner and the learnedGovernment Advocate (Crl.side) appearing for the respondents.
6. Considering the facts and circumstances of the case, the 1[st]respondent is directed consider the representation of thepetitioner dated 18.12.2016 and pass orders on merits and inaccordance with law within a period of 2 weeks from the date ofreceipt of a copy of this order.
7. The Criminal Original petition is disposed of accordingly.
Assistant Registrar(AS)
/TRUE COPY/
nbj
ToTirunelveli District.
1. The Superintendent of Police,
2. The Inspector of Police, Tirunelveli Taluk Police Station, Tirunelveli.
+1CC TO MR.A.SIVASUBRAMANIAN,ADVOCATE, SR NO.83720
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