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seemabhatnagar · 4 months

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A Case of Superstition and Property Rights

Court often comes across situations where I think judges might feel like holding their heads. Whenever a case is presented to the court, the court has to make a decision one way or another. But by dealing with such cases, the productive time of the court is blown on trivial matters.

E Shakthi Murugan v. The District Collector Chengalpattu & 6 others

Writ Petition 2384/2024

Before High Court of Madras

Heard by Hon’ble Mr. Justice N Anand Venkatesh J on 02.02.2024.

Well coming to the point this is a case where Petitioner E Shakthi Murugan owner of his property was forbidden from enjoying his property.

Reason, a stone was erected in front of his property covered with Green Cloth and it was projected as a Deity.

Petitioner tried to remove the Implanted Stone.

But it was resisted by the Seventh Respondent - Kumaresan from removing the stone.

Help of police was sought.

But as usual no help came to rescue the petitioner.

Ultimately Article 226 of the Constitution of India was resorted to by knocking the door of the High Court.

Court on perusing the Photograph annexed with the petition found that the Stone covered with green cloth was planted in front of the property of the Petitioner.

Normally property related issues are dealt by Civil Court.

Court observed it would be a funny situation if the petitioner approaches the Civil Court for such a frivolous issue.

Respondent-Kumaresan will claim that the stone must be treated as an idol and the petitioner will state that it is merely a stone and not an idol.

It will become impossible for the Court to decide whether it is a stone or it has uplifted itself into the status of an idol.

Isn’t it??

It will be a waste of judicial time.

Court observed it is unfortunate that people still believe in superstition.

To close the matter Hon’ble Court directed Assistant Commissioner of Police, Pallavaram Range, Chengalpattu to act upon the complaint of the petitioner and get the stone planted in the entrance of the property removed within a week from the date of receipt of the order copy.

#madrashighcourt #superstition #stoneidol #article226 #propertyenjoyment #civilcourt #frivolousissue

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