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Madras High CourtWP/3565/2021disposed of

Sivashanmugam v. The State Rep By

2021-03-11Honourable Mr Justice N. Anand Venkatesh2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.03.2021

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH W.P.No.3565 of 2021 Sivashanmugam

...Petitioner

Versus

1. The Superintendent of Police, Cuddalore district.

2. The Inspector of Police, Kattumannar Koil Police Station, Kattumannar Koil, Cuddalore District.

3. Pragalathan

...Respondents

This Writ Petition is filed under Article 226 of Constitution of India, to issue a Writ of Mandamus directing the respondents 1 and 2 to give police protection to the petitioner complaint dated 01.09.2020.

For Petitioner : Mr.T.Elumalai For Respondents : Mr.M.Mohamed Riyaz R1 & R2 Additional public Prosecutor

O R D E R

This Writ Petition has been filed for the issue of a Writ of Mandamus directing the respondent police to provide police protection to the petitioner.

2. When the matter came up for hearing on 17.02.2021, this Court passed the following order:- ''Mr.M.Mohamed Riyaz, the learned Additional Public Prosecutor takes notice for the respondents.

2. It is brought to the notice of this Court that there is already a decree passed in favour of the petitioner in O.S.No.28 of 2018, dated 16.04.2019. Inspite of this decree, it is stated that the third respondent has caused threat and is interfering with the possession and enjoyment of the petitioner. The second respondent is directed to conduct an enquiry in this regard and report before this Court.

3. Post the case under the caption ''for orders'' on 25.02.2021.''

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

3. When the matter was taken up for hearing today, the

learned Additional Public Prosecutor submitted that both the parties were called for an enquiry and it was informed by the counter party that already steps have been taken to set aside the ex-parte decree.

4. The learned Additional Public Prosecutor further submitted that the parties agreed to agitate their disputes before the Civil court. Accordingly, the complaint was closed on 06.03.2021.

5. In view of the above development, no further orders can be passed in this writ petition and this writ petition is disposed of accordingly. No costs.

Sd/- Assistant Registrar (CS-VI) //True Copy// Sub Assistant Registrar rli To

1. The Superintendent of Police, Cuddalore district.

2. The Inspector of Police, Kattumannar Koil Police Station, Kattumannar Koil, Cuddalore District.

3. The Public Prosecutor High Court of Madras Chennai - 600 104.

+1cc to Mr.T.Elumalai, Advocate, S.R.No. 15899 W.P.No.3565 of 2021 GPL(CO) GN(09/04/2021) https://hcservices.ecourts.gov.in/hcservices/