Madras High CourtWP/4843/2023disposed of

S.Ranga Alias Ranga Reddy v. State Rep By

2023-02-21Honourable Mr Justice G. Chandrasekharan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 21.02.2023

CORAM:

THE HONOURABLE MR. JUSTICE G.CHANDRASEKHARAN S.Ranga @ Ranga Reddy ... Petitioner Vs.

1.State Rep by Assistant Commissioner, V-1, Villivakkam Police Station, Villivakkam, Chennai - 600 049.

2.Inspector of Police (Law and Order), V-1, Villivakkam Police Station, Villivakkam, Chennai - 600 049.

... Respondents PRAYER: Writ Petition is filed under Article 226 of Constitution of India, pleased to issue a Writ of Mandamus, directing the 1st respondent not to harass the petitioner except in accordance with law. For Petitioner : Mr.R.N.Karthikeyan For Respondents : Mr.S.Santhosh Government Advocate (Crl.Side)

ORDER

The Writ Petition has been filed for a issue of Writ of Mandamus, to direct the first respondent not to harass the petitioner except in accordance with law.

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2.The learned counsel for the petitioner submitted that there is a land with lot of trees to an extent of 7 acres 46 cents belongs to Dharmathopu Arakattalai. There are litigations pending in respect of this property. In the meanwhile, the first respondent is harassing the petitioner asking him to settle the dispute with one Dhoshi Builder Developers Pvt. Ltd., who filed a case against the Trust and the Trust filed a case against the said Dhoshi Builder Developers Pvt. Ltd. in O.S.No.8565 of 2019. The suit is now pending before the learned XVII Additional Judge, City Civil Court, Chennai.

3.The learned Government Advocate (Crl.Side) appearing for the respondents submitted that the disputed premises is kept like a forest and there is a dilapidated building and it is used for the illegal activities by the antisocial elements and the petitioner is not guarding the building property to avoid the antisocial elements misusing the land and the building. There is no FIR or petition enquiry is pending against the petitioner and the petitioner is not required for any enquiry.

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4.In the light of the submissions made by the learned Government Advocate (Crl.Side), this Court is of the view that no order need be passed in this petition. It is the duty of the petitioner to ensure that his property is properly protected. It is also the duty and responsibility of the respondent police to prevent the illegal activities done by the antisocial elements, even if it is a private property.

5.With these directions, the writ petition is disposed of. No costs. 21.02.2023 Index: Yes \ No Speaking order \ Non-speaking order sp To 1.The Assistant Commissioner, V-1, Villivakkam Police Station, Villivakkam, Chennai - 600 049.

2.The Inspector of Police (Law and Order), V-1, Villivakkam Police Station, Villivakkam, Chennai - 600 049.

3.The Public Prosecutor, Madras High Court.

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G.CHANDRASEKHARAN, J.

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