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Madras High CourtWP/4161/2021disposed of

Meddaikar Arif Ahmed v. The Superintendent Of Police

2021-02-23Honourable Mr Justice N. Anand Venkatesh2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 23.02.2021 C O R A M The Hon'ble Mr. Justice N.ANAND VENKATESH Writ Petition No.4161 of 2021 Meddaikar Arif Ahmed, S/o.(Late) Meddaikar Muhammed Inayatulah Sahib ... Petitioner Vs.

1. The Superintendent of Police, Ranipet, Ranipet District.

2. The Inspector of Police, Rathinagiri Police Station, Ranipet District.

3. Nazir Ahmed S/o.Mohammed Shariff

...Respondents

PRAYER: Writ Petition filed under Article 226 of Constitution of India, seeking Writ of Mandamus directing the 2nd respondent to provide police protection for the construction of the fencing to the petitioner's property situated in Survey No.159/2 (New S.No.159/2A) to the extent of 1.50 acres situated in Arapakkam Village,Walaja Taluk, Ranipet District.

For Petitioner :Mr.M.Sathish Kumar For Respondents :Mr.M.Mohammed Riyaz Additional Public Prosecutor for R1 & R2

O R D E R

This writ petition has been filed for issuance of a Writ of Mandamus directing the respondent police to provide police protection to the petitioner to enable the petitioner to fence the subject property and prevent encroachment from the third respondent.

2.Heard Mr.M.Sathish Kumar, learned counsel for the petitioner and Mr.M.Mohamed Riyaz, learned counsel for respondents 1 and 2.

3.Taking into consideration the facts and circumstances of the case and the nature of dispute that is involved in the https://hcservices.ecourts.gov.in/hcservices/

present case, the petitioner has to necessarily seek the relief against the third respondent and persons claiming through him, only before the competent civil Court and the police will have no role to play in a case of this nature. Except giving this liberty to the petitioner, no further orders can be passed in this writ petition.

4.This writ petition is disposed of accordingly. No costs. Sd/- Asst.Registrar (CS VII) /true copy/ Sub Asst. Registrar kal To

1. The Superintendent of Police, Ranipet, Ranipet District.

2. The Inspector of Police, Rathinagiri Police Station, Ranipet District.

3. The Public Prosecutor, High Court, Madras.

Writ Petition No.4161 of 2021 pmk(co) aa17/03/2021 aa30/03/2021 https://hcservices.ecourts.gov.in/hcservices/