Madras High CourtWP/2532/2023disposed of

Kalyanamurthy v. The District Superintendent Of Police

2023-03-01Honourable Mr Justice G. Chandrasekharan5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 01.03.2023

CORAM:

THE HONOURABLE MR.JUSTICE G.CHANDRASEKHARAN W.P. No.2532 of 2023 Kalyanamurthy ... Petitioner Vs.

1.The District Superintendent of Police, Krishnagiri - 635 115.

2.The Deputy Superintendent of Police, Hosur - 635 109, Krishnagiri District.

3.The Inspector of Police, Shoolagiri Police Station, Shoolagiri - 635 117, Krishnagiri District.

4.Athilakshmipathy 5.Vijayappa 6.T.Nehru

...Respondents

PRAYER: Writ Petition is filed under Article 226 of Constitution of India, pleased to issue a Writ of Mandamus, directing the respondents 1 to 3 to consider petitioner's representation dated 30.12.2022 to provide adequate police protection and pass such further or other orders as this Court may

deem fit and proper in the circumstances of the above case and thus render justice.

For Petitioner : Mr.M.Mohamed Riyaz For Respondents : Mr.S.Santhosh (R1 to R3) Government Advocate (Crl.Side) For R4 to R6 : Mr.S.Chandrasekar

O R D E R

This petition is filed for seeking direction to the respondents 1 to 3 to consider petitioner's representation dated 30.12.2022 to provide adequate police protection.

2.The learned counsel for the respondents 4 to 6 submitted that there is a civil suit in O.S.No.138 of 2014 on the file of the learned District Munsif, Hosur, is pending in respect of the disputed property. The fourth respondent's father, Kenjappa filed the suit against the petitioner's father, Thimmaiya seeking permanent injunction to protect his possession. However, it is claimed by the petitioner that petitioner is in possession of the property.

3.In the light of the contradictory position taken by the parties claiming possession of the property, this court in the nature of the relief sought for in the petition, is of the view that prayer for Police protection cannot be entertained. Parties have to resolve their dispute with regard to possession of the property before the civil Court. 4.With the above direction, this Writ Petition is disposed of. No costs. 01.03.2023 ep Index :Yes/No Internet:Yes/No

G.CHANDRASEKHARAN, J.

ep To 11.The District Superintendent of Police, Krishnagiri - 635 115.

2.The Deputy Superintendent of Police, Hosur - 635 109, Krishnagiri District.

3.The Inspector of Police, Shoolagiri Police Station, Shoolagiri - 635 117, Krishnagiri District.

W.P. No.2532 of 2023

01.03.2023