Pothineni Krishnaiah, Prakasam Dist. v. Sho, Kondapi And 3 ORS.

HON'BLE SRI JUSTICE S.V. BHATT W.P. No.576 OF_2013 ORDER:

No representation for petitioner. Heard Ms.S.Avani. The petitioner substantially prays for police protection in terms of perpetual injunction granted by the learned Principal District Munsiff, Kandukur in O.S.No.8 of 1985.

This Court is of the view that the perpetual injunction is not honoured by respondent Nos.3 and 4 and it is open to the petitioner to file EP or any other application as provided by law. The writ of Mandamus is not a right for enforcement. It is a discretionary relief. This Court has difficulty in issuing directions to Police to provide protection in terms of perpetual injunction granted by a competent civil Court. On the other hand, if the same grievance is brought before the Court having the jurisdiction at appropriate stage of enquiry, the Court would certainly consider all reliefs including a direction to the police. By leaving other remedies open to petitioner, the writ petition is dismissed with the above observation. Miscellaneous petitions pending, if any, shall stand closed. ___________ S.V.BHATT, J Date:20.11.2017 Stp