Research › Search › Judgment

Madras High Court · body

2025 DAILYLAW 87522 (MAD)

Sengodan v. The Revenue Divisional Officer,

WP Crl./865/2025 · 2025-09-17

N Sathish Kumar

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

WP Crl. No. 865 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 17-09-2025 CORAM THE HONOURABLE MR JUSTICE N. SATHISH KUMAR WP Crl. No. 865 of 2025 Sengodan S/o.Late. Erusa Gounder, Appellant(s) Vs 1. The Revenue Divisional Officer, Gobichettipalayam, Erode District. 2.The Superintendent of Police, Erode District, Erode. 3.The Inspector of Police, Anthiyur Police Circle, Erode District. 4.The Sub - Inspector of Police, Vellitiruppur Police Station, vellitiruppur , Bhavani Taluk, Erode District. 5.Periya Poosari @ Thoppanallagounder, Respondent(s) 1/5 https://www.mhc.tn.gov.in/judis WP Crl. No. 865 of 2025 PRAYER This writ petition has been filed under Article 226 of the Constitution of India to issue a writ of mandamus directing the Respondent Nos.1 to 4 to consider the petitioner's representation dated 23.07.2025 to restrain the Respondent No.5 and his family members, men or agents from conducting any festival in the Erusiamman Kovil Situated at Vedikarampalayam, Kunakkapalayam Madapillai, Olagadam Village, Bhavani Taluk, Erode District for the year 2025 from 17.08.2025 to 16.09.2025 as per the Judgment and Decree dated 18.02.2019 made in O.S.No. 28/2017 on the file of the principal District Munsiff, Bhavani. For Appellant(s): Mr. B.Mohan For Respondent: Mr. R.Vinothraja, Govt. Advocate (crl.side) for R1 to R4 Mr.S.Keran, for R5 ORDER The petitioner seeks a direction to restrain the respondent no.5 and his family members from conducting any festival in Edusiammam Kovil. 2/5 https://www.mhc.tn.gov.in/judis WP Crl. No. 865 of 2025 2. The petitioner has sought such relief based on the decree passed in O.S.No.280 of 2017 on the file of the District Munsif, Bhavani. 3. I have heard the learned counsel appearing for the petitioner and the learned Government Advocate (crl.side) appearing for the respondents 1 to 4 and perused the materials available on records carefully. 4. On perusal, it is seen that the decree and judgment in O.S.No.280 of 2017 are under challenge before the Appellate Forum in A.S.Nos.8 and 9 of 2020. However, no order of stay has been granted so far in those appeals. The decree and judgment of the Trial Court clearly indicate that the respondent no.5 is restrained from interfering with the Pooja to be conducted in the month of “Avani”, i.e., till 17.09.2025. 5. In such view of the matter, the period for which protection is sought has already lapsed. Hence, at this stage, this Court is not inclined to grant any police protection. The parties can very well adjudicate their rights before the 3/5 https://www.mhc.tn.gov.in/judis WP Crl. No. 865 of 2025 appellate forum, where the appeal is pending. 6. Accordingly, this Writ Petition (Criminal) is dismissed. 17-09-2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes Neutral Citation:Yes/No mrp To 1.The Revenue Divisional Officer, Gobichettipalayam, Erode District. 2.The Superintendent of Police, Erode District, Erode. 3.The Inspector of Police Anthiyur Police Circle, Erode District. 4.The Sub - Inspector of Police, Vellitiruppur Police Station, vellitiruppur , Bhavani Taluk, Erode District. 4/5 https://www.mhc.tn.gov.in/judis WP Crl. No. 865 of 2025 N.SATHISH KUMAR J. mrp WP Crl. No. 865 of 2025 17-09-2025 5/5 https://www.mhc.tn.gov.in/judis