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Madras High CourtWP/1915/2021disposed of

M.Murugan v. The Superintendent Of Police

2021-02-01Honourable Mr Justice N. Anand Venkatesh2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 01.02.2021

CORAM

THE HON'BLE MR.JUSTICE N.ANAND VENKATESH WP No.1915 of 2021 M.Murugan ..Petitioner Vs.

1. The Superintendent of Police, Thiruvarur

2. The Inspector of Police, Valangaiman, Thiruvarur District.

3. S.Mahalingam Saravanan ..Respondents Prayer:- Writ petitions filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondents 1 and 2 to give adequate police protection to respondent No.4 for completing the harvesting in the land bearing survey numbers 221/4, 223/3, 222/2 and 284/1 in Sinnagaram village, Valangaiman Taluk, Thiruvarur District, Thiruvarur to prevent any unlawful interference by the 3rd respondent.

For Petitioner : Mr.P.Sanjay gandhi For Respondent : Mr.M.Mohamed Riyaz : Additional Public Prosecutor for R1 and R2.

ORDER

This Writ Petition has been filed for the issue of writ of Mandamus directing the respondent police to grant police protection to the petitioner for the purpose of completing his harvest in the subject property.

2.

The case of the petitioner is that the 4th respondent is preventing the petitioner from doing the harvest in the agricultural lands and a complaint was given to the respondent https://hcservices.ecourts.gov.in/hcservices/

police in this regard on 08.01.2021 and 09.01.2021. Since the same was not acted upon, the present writ petition has been filed before this Court.

3. Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing on behalf of the respondents 1& 2.

4.

In the considered view of this Court, the petitioner is relying upon certain documents to establish his right to cultivate the lands and according to the petitioner, the respondents 3 and 4 are interfering and preventing the petitioner from doing the harvest in the property. In a case of this nature, the respondent police will not be able to determine the interse rights between the parties and affording police protection in such cases will amount to interfering with the civil dispute. It will be more appropriate for the petitioner to go before a civil forum and agitate his rights and the police cannot interfere in a case of this nature. Except giving this liberty, no further orders can be passed in this writ petition. 5.

This writ petition is disposed of with the above directions.

Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar rka To

1. The Superintendent of Police, Thiruvarur

2. The Inspector of Police, Valangaiman, Thiruvarur District.

3. The Public Prosecutor, Madras High Court, Chennai.

+1cc to Mr.P.Sanjay gandhi , Advocate SR.No. 5295 W.P.No.1915 of 2021 A.SK(17.02.2021).

https://hcservices.ecourts.gov.in/hcservices/