R.Gunasekaran v. The Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :03.04.2025

CORAM

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

1. The Superintendent of Police, Tiruppur District, Tiruppur - 641 604.

2. The Inspector of Police, Kangayam Police Station, Tiruppur - 638 701.

3. M/s.Bharat Petroleum Corporation Limited, Rep. by the Territory Manager (Retail), Irugur Top Installation, Revathur Post, Irugur (Via), Coimbatore - 641 103.

4. D.Arun Pradeep ... Respondents Writ Petition filed under Article 226 of the Constitution praying to issue a Writ of Mandamus, to direct the respondent Police to provide adequate Police protection to the petitioner from the fourth respondent and his henchmen for running the BPCL Petroleum Outlet in AGA Agency, at 1/5

SF No.664/2A, Kovai Mani Road, Kangayam, Tiruppur District, by considering the petitioners representation dated 19.03.2025. For Petitioner : Mr. K.Dhananjayan For Respondents : Mr. R.Vinothraja, Govt. Advocate (Crl. Side) (for R1 & R4) Mr. V.S.Kesavan (for R4)

O R D E R

This Writ Petition has been filed to direct the first and second respondents, the Police, to provide adequate police protection to the petitioner from the fourth respondent and his henchmen for running the BPCL Petroleum Outlet in AGA Agency, at SF No.664/2A, Kovai Mani Road, Kangayam, Tiruppur District, by considering the petitioner's representation dated 19.03.2025.

2. Heard the learned counsel for the petitioner, the learned Government Advocate (Crl.Side) appearing for the first and second respondents and the learned counsel for the fourth respondent and perused 2/5

the materials available on record.

3. It is seen that the petitioner is the retail outlet dealer of the third respondent and is running a petrol pump under the name and style of AGA Agency, at SF No.664/2A, Kovai Mani Road, Kangayam, Tiruppur District. The subject land is owned by the fourth respondent's mother and has been leased out in favor of the third respondent. The retail outlet has been allotted in favor of the petitioner, who is running the petrol pump on the premises leased by the third respondent from the fourth respondent's mother. However, the fourth respondent is now obstructing the petitioner's operation of the petrol pump and has filed a suit in O.S.No.55 of 2022 with the District Munsif Court, Kangeyam, seeking an injunction to restrain the petitioner from disturbing their peaceful possession and enjoyment of the retail outlet, and it is pending between the parties. Therefore, the request for police protection cannot be considered.

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4. Accordingly, this Writ Petition is dismissed. The petitioner is at liberty to approach the civil Court for appropriate relief. No costs. 03.04.2025 Index:Yes/No kv To

1. The Superintendent of Police, Tiruppur District, Tiruppur - 641 604.

2. The Inspector of Police, Kangayam Police Station, Tiruppur - 638 701.

3. The Territory Manager (Retail), M/s.Bharat Petroleum Corporation Limited, Irugur Top Installation, Revathur Post, Irugur (Via), Coimbatore - 641 103.

4. The Public Prosecutor, High Court of Madras.

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G.K.ILANTHIRAIYAN, J.

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