Susila vs The Superintendent of Police

N. Kirubakaran, J.—This Criminal Original Petition has been filed to direct the second respondent to register a case based on the petitioner''s complaint dated 28.08.2014, which was forwarded from the first respondent and investigate the case according to law.

Heard both sides and perused the materials available on record.

This Court, by order dated 29.10.2014, has observed the following:

"It is seen that the petitioner was an encroacher encroaching upon the property belonging to the Arulmighu Subramania Swamy Temple, Melatheru, Paramakudi.

Earlier there were five rounds of litigation before this Court. There are many orders have been passed in W.P. (MD)Nos.12828 to 12831 of 2011 on 13.06.2011, the order, dated 31.01.2012 in W.A. (MD)Nos.1160 to 1162 and 1739 of 2011, the order, dated 02.07.2014 in W.P. (MD)No.4312 of 2014, the order, dated 20.08.2014 in W.P. (MD)No.13617 of 2014, the order, dated 22.09.2014, in Rev.Appl.(MD)No.39 of 2014. Apart from that, eviction order was passed by the H.R. and C.E. Commissioner on 18.12.2012 and 26.08.2014 and resultant G.O. Ms.No.92 dated 03.09.2014. All the material details were suppressed and the petitioner gives a picture, as if he was assaulted by the trustee of the temple. The party should approach the Court with clean hands. If any suppression is there, the said petition has to be thrown out at the threshold stage itself. Accordingly, this petition is thrown out.

For suppression of the material facts and for approaching the Court with unclean hands, heavy costs has to be slapped on the petitioner while dismissing the petition. To give an opportunity to tender unconditional apology and also that the petitioner shall not interfere with the possession of the temple property, an affidavit has to be sworn by the petitioner and the same is required to be filed by 2.15 p.m. on 30.10.2014. If the affidavit is not filed tendering unconditional apology and an undertaking not to interfere with the temple possession of the property, this Court hereby orders a sum of Rs.25,000/- to be paid by the petitioner within two weeks to the temple. In case, if the petitioner fails to pay the amount, the Tahsildar, Paramakudi is directed to take proceedings under Revenue Recovery Act and collect the said money from the petitioner within four weeks thereafter. If the petitioner files an affidavit, the later part shall stand deleted.

Call on 30.10.2014 at 02.15 p.m."

As already observed by this Court, the matter is posted today i.e. (30.10.2014) for filing an affidavit by the petitioner tendering unconditional apology for suppressing the material facts. However, no such affidavit has been filed. As long as the petitioner''s affidavit tendering unconditional apology is not filed, the costs imposed by this Court shall remain.

Taking into consideration the earlier rounds of litigation, this Court directs the respondent police to give police protection to the temple authorities to safeguard the property which was taken from the petitioner.

In the light of the above, the Criminal Original Petition is dismissed. Consequently, the connected miscellaneous petition is dismissed.