The Hon'ble Madras High Court dismissed a writ petition seeking a direction to provide police protection for the petitioner and others renovating a temple. The Court held that due to the lapse of almost five years, the prayer could no longer be granted.
None. The writ petition was dismissed on the grounds of the lapse of time (almost five years).
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
W.P.(MD).No.11991 of 2015
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 26.11.2020 CORAM: THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN W.P.(MD).No.11991 of 2015 and MP(MD)No.1 of 2015 Lingiah ...Petitioner Vs. 1.The District Collector, Madurai, Madurai District. 2.The Thasildar, Peraiyur Taluk, Madurai District. 3.The Superintendent of Police, Madurai District. 4.The Deputy Inspector of Police, Peraiyur Circle, Madurai District. 5.The Inspector of Police, Peraiyur Police Station, Peraiyur, Madurai District. 6.The President, Thummanayakkanpatti Panchayat, Peraiyur Taluk, Madurai District. 7.P.Ibrahimsa 8.M.Sahul Hameed
9.S.Mohammed Yazin 10.M.Hakkim Sait ...Respondents
(Respondents 7 to 10 are impleaded vide Court order dated 20.08.2015 in M.P(MD) No.2 of 2015)
PRAYER: Writ Petition is filed under Article 226 of Constitution of India, to issue a Writ of Mandamus, directing the respondents to give protection to the petitioner and other two community people for https://hcservices.ecourts.gov.in/hcservices/
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W.P.(MD).No.11991 of 2015
renovating and managing the Temple and its Well situated in S.No.427 in Thummanayakkanpatti in Peraiyur Taluk in Madurai District and thereby protect their right of professing, practicing and propagating of their own religious and also to manage their religious affairs and properties and pass such other and further orders as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case.
For Petitioner : Mr.R.Suriya Narayanan For R1 to R5 : Mr.K.Suyambulinga Bharathi Government Advocate (Crl.side) For R6 :Mr.M.Rajarajan For R7 to R10 :Mr.J.Lawrance
O R D E R
This petition is filed to direct the respondents to give protection to the petitioner and other two community people for renovating and managing the Temple and its Well situated in S.No.427 in Thummanayakkanpatti in Peraiyur Taluk in Madurai District and thereby protect their right of professing, practicing and propagating of their own religious and also to manage their religious affairs and properties.
2.The petitioner seeks police protection to him and other two community people for renovating and managing the Temple and its Well situated in S.No.427 in Thummanayakkanpatti in Peraiyur Taluk in Madurai District. Now, almost 5 years have been lapsed and hence, due to the lapse of period, the prayer sought for by the petitioner cannot be granted now.
3.In view of the same, this Writ Petition stands dismissed. No costs. However, the petitioner is at liberty to file a fresh complaint, on fresh cause of action, if so advised. Consequently, connected miscellaneous petition is closed.
// True Copy //
/ /2020 Sub Assistant Registrar(CS)
vsd
To
1.The District Collector, Madurai, Madurai District.
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W.P.(MD).No.11991 of 2015
2.The Thasildar, Peraiyur Taluk, Madurai District. 3.The Superintendent of Police, Madurai District. 4.The Deputy Inspector of Police, Peraiyur Circle, Madurai District. 5.The Inspector of Police, Peraiyur Police Station, Peraiyur, Madurai District. 6.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. +1 CC to Mr.J. LAWRANCE, Advocate ( SR-23070[F] dated 27/11/2020 ) W.P.(MD).No.11991 of 2015 and MP(MD)No.1 of 2015 26.11.2020 VB (08.12.2020) 3P 8C
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1 issue framed by the court
Whether the Court can grant police protection for renovating a temple after a lapse of almost five years from the filing of the petition.
Lingiah
District Collector, Madurai
Thasildar, Peraiyur Taluk
Superintendent of Police, Madurai District
Deputy Inspector of Police, Peraiyur Circle
Inspector of Police, Peraiyur Police Station
G.K.ILANTHIRAIYAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
