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Madras High CourtWP/7640/2025dismissed

R.Sridevi v. The State Rep By

2025-03-04Honourable Mr Justice G.K. Ilanthiraiyan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 04.03.2025

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN R.Sridevi ... Petitioner Vs.

The State rep by,

1. The Commissioner of Police, Avadi Commissionerate, Avadi.

2. The Assistant Commissioner of Police, T-12, Poonamalle Police Station, Poonamalle, Chennai - 600123.

3. The Inspector of Police, B-4, Sevvapet Police Station, Sevvapet Police Station, Sevvapet, Tiruvallur - 602025.

4. Chandran

5. Venkatesan ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution praying to issue a Writ of Mandamus, directing the first to third respondents to provide adequate Police protection to remove the illegal hut put up by the fourth and fifth respondents by providing necessary Police force.

For Petitioner : Mr.N.Kumanan For Respondents: Mr.A.Gopinath, Government Advocate (Crl. Side) (for R1 to R3)

O R D E R

This petition has been filed directing the first to third respondents to provide adequate Police protection to remove the illegal hut put up by the fourth and fifth respondents by providing necessary Police force.

2. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.Side) appearing for the first to third respondents.

3. It is seen that the petitioner owned the property comprised in S.Nos.18 and 20/2, measuring an extent of 8.24 acres, situated at Ayathur Village, Tiruvallur District. While that being so, the fourth and fifth respondents trespassed into her property and put up a hut in the petitioner's property. Now, the petitioner submitted a representation to provide adequate Police protection to remove the hut. It is clear that the

entire allegations are civil in nature, and the petitioner also filed a suit in O.S.No.26 of 2022 for permanent injunction and declaration. Therefore, the petitioner ought to have approached the concerned Civil Court for appropriate relief. Hence, the request made by the petitioner cannot be considered, and the Writ Petition is liable to be dismissed.

4. Accordingly, this Writ Petition is dismissed. No costs. 04.03.2025 Index : Yes/No : Yes/No Speaking/non-speaking order kv To

1. The Commissioner of Police, Avadi Commissionerate, Avadi.

2. The Assistant Commissioner of Police, T-12, Poonamalle Police Station, Poonamalle, Chennai - 600123.

3. The Inspector of Police, B-4, Sevvapet Police Station, Sevvapet Police Station, Sevvapet, Tiruvallur - 602025.

4. The Public Prosecutor, High Court, Madras.

G.K.ILANTHIRAIYAN, J.

kv 04.03.2025