Rajamani vs the Tahsildar - Court Judgment

2025:MHC:1333

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 29.04.2025

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN W.P.No.15431 of 2025 Rajamani ... Petitioner Vs. 1.The Tahsilar, Pappireddypatty Taluk, Pappireddypatty, 2.The Inspector of Police, Bommidi Police Station, Bommidi, Pappireddypatty Taluk, 3.Kuppusamy 4.Raja ..Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, praying for the issuance of Writ of Mandamus directing the second respondent herein to consider and pass orders on the petitioner's representation dated 10.12.2024 to give appropriate protection to conduct poojas by the petitioner herein without any hindrance in Kaliamman Temple, B.Thurinjipatty, Pappireddypatty Taluk, Dharmapuri District as a Poojari of the said temple. For Petitioner : Mr.R.Thamaraiselvan For R1 : Mr.P.Balathandayutham, Special Government Pleader. For R2 : Mr.A.Gopinath, Government Advocate (crl.side).

ORDER

This Writ Petition has been filed seeking a direction to the second respondent to consider and pass appropriate orders on the petitioner’s representation dated 10.12.2024, wherein the petitioner has sought police protection for conducting poojas without any interference, in his capacity as a Poojari, at the Kaliamman Temple located at B. Thurinjipatty, Pappireddypatty Taluk, Dharmapuri District.

2. Heard both sides and perused the materials placed before this Court.

3. The grievance of the petitioner is that his right to perform pooja

at the temple is being disrupted by the actions of the respondents 3 and 4. The petitioner claims a customary or hereditary right to perform such pooja and has sought police protection to enable him to discharge his religious duties without obstruction. However, it is seen from the materials on record that there exists a dispute between the petitioner and the respondents 3 and 4 with regard to the right to conduct pooja in the aforesaid temple. The dispute pertains to civil rights concerning the entitlement to perform religious rituals, which necessitates a detailed examination of factual and legal issues best suited for adjudication by a competent Civil Court.

4. It is well settled that when there is a bona fide dispute with

regard to civil rights, especially concerning religious or customary rights, the parties ought to seek redress before the appropriate Civil Court. Police protection can be granted in circumstances where there is an established and undisputed right and there exists a threat to the life and limb of a person. However, in the present case, the petitioner’s right itself is under serious contest, and hence, without a proper adjudication of such

rights by a competent Civil Court, the grant of police protection would amount to pre-judging the matter.

5. In view of the above, the petitioner is at liberty to pursue

appropriate relief before the jurisdictional Civil Court for adjudication of his claimed right to perform pooja. In the absence of a judicial determination of such right, the prayer sought by the petitioner for police protection is unsustainable. Accordingly, this Writ Petition stands dismissed. No costs. 29.04.2025

Speaking/non-speaking order

Index: Yes/No Neutral Citation: Yes/No shk To 1.The Tahsilar, Pappireddypatty Taluk, Pappireddypatty, 2.The Inspector of Police, Bommidi Police Station, Bommidi, Pappireddypatty Taluk, 4.Public Prosecutor, Madras High Court

G.K.ILANTHIRAIYAN, J.

shk W.P.No.15431 of 2025 29.04.2025