Madras High CourtWP/4686/2021disposed of

R.Sarala v. The Collector

2021-03-01Honourable Mr Justice N. Anand Venkatesh3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 01.03.2021

CORAM:

THE HON'BLE MR.JUSTICE N.ANAND VENKATESH W.P.NO.4686 OF 2021 & WMP.NOS.5306 & 5307 OF 2021 R.Sarala, W/o.Ravichandran .. Petitioner -vs1. The Collector, Dharmapuri District, Dharmapuri.

2. The Superintendent of Police, Dharmapuri District, Dharmapuri.

3. The Deputy Superintendent of Police, Harur Division, Harur, Dharmapuri District.

4. The Inspector of Police, Morappur Police Station, Morappur, Dharmapuri District.

5. Naveenkumar

6. Sakthivel .. Respondents PRAYER:

Writ Petition filed under Article 226 of Constitution of India, seeking Writ of Mandamus directing the respondents 1 to 4 to give protection to the petitioner and his family members his peaceful possession and enjoyment of the property in Survey No.126/1, an extent of 3.1/2 acres, Singirihalli Village, Ranimukkanur Post, Pappireddipatti Taluk, Dharmapuri based on the petitioner's representation dated 02.02.2021. For Petitioner : Mr.M.Selvam For Respondents : Mr.C.Raghavan, 1 to 4 Government Advocate

ORDER

This writ petition has been filed seeking for issuance of a writ of Mandamus directing the respondent police to provide police protection to the petitioner pursuant to the representation made by the petitioner on 09.02.2021.

2. Heard Mr.M.Selvam, learned counsel for the petitioner and Mr.C.Raghavan, learned Government Advocate for respondents 1 to 4.

3. Taking into consideration the facts and circumstances of the case and also of the fact that there are two earlier suits which were disposed of in the year 2007 and 2011 respectively and also of the fact that there is a pending suit in O.S.No.218 of 2020 filed by the fifth respondent against the petitioner and others seeking for the relief of declaration of title and injunction, it will not be appropriate for the respondent police to interfere with the dispute. It is always open to the petitioner to file an appropriate application before the concerned court where the suit is pending in O.S.No.218 of 2020 and seek for an appropriate relief. Except giving this liberty, no further orders can be passed in this writ petition.

4. This writ petition is disposed of accordingly. No costs. Consequently, connected miscellaneous petitions are closed. Sd/- Assistant Registrar(CS VII) //True Copy// Sub Assistant Registrar kal To

1. The Collector, Dharmapuri District, Dharmapuri.

2. The Superintendent of Police, Dharmapuri District, Dharmapuri.

3. The Deputy Superintendent of Police, Harur Division, Harur, Dharmapuri District.

4. The Inspector of Police, Morappur Police Station, Morappur, Dharmapuri District.

5. The Public Prosecutor, High Court, Madras.

+1cc to Mr.M.Selvam, Advocate, S.R.No.12367 W.P.No.4686 of 2021& WMP Nos.5306 & 5307 of 2021 GPL(CO) CS/29/03/2021