J.Mohammed Ibrahim v. The State Rep. By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :12.08.2024

CORAM

THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN W.P.No.11298 of 2024 J.Mohammed Ibrahim

...Petitioner

Vs.

1. The State rep. by The Superintendent of Police, Thiruvarur District, Thiruvarur.

2. The Inspector of Police, Nannilam Police Station, Nannilam, Thiruvarur District.

3. Meharaj Kani @ Meharaj Nisha

4. Zahir Hussain

5. Shahul Hameed .. Respondents Prayer:- Writ petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents 1 and 2 to give police protection to the life and limb of the petitioner and the petitioner's family members based on petitioner's representation dated 18.03.2024 and 01.04.2024.

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For Petitioner : Ms.V.Kaaviya for M/s.S.Sankar For Respondents : Mr.K.M.D.Muhilan Government Advocate (Crl. Side) for RR 1 and 2

O R D E R

There is a property dispute between the petitioner and the private respondents. In this connection it appears that a civil suit has been instituted by the private respondents before the District Munsif Court, Nannilam and the same is pending. While so, the petitioner herein, alleging that the private respondents are threatening him with dire consequence, has given a representation to the Police on 07.04.2024 seeking protection.

2. The said representation has been registered in CSR No.258 of 2024. The private respondents have informed the Police that the civil suit is pending and they will solve their dispute through Civil Court. Therefore, the complaint given by the petitioner registered in CSR No.258 of 2022 was closed.

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3. The learned counsel appearing for the petitioner submits that in spite of the earlier suit in OS NO.4 of 2023 ended in favour of the petitioner, the private respondents still threatening the petitioner's peaceful possession and enjoyment of the property.

4. However, on perusal of the closure report by the respondent Police, it appears that the private respondents have given an undertaking that he will get redressal from the Civil Court, meaning they will not resort to any act of crime. If in future any complaint is received by the respondent Police regarding act of threat or intimidation to the petitioner herein, the said compliant to be considered immediately and necessary action must be taken.

5. This Writ Petition is disposed of with the above directions. There shall be no order as to costs.

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Internet: Yes/No Index: Yes/No speaking order/ Non Speaking order To

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

2. The Inspector of Police, Nannilam Police Station, Nannilam, Thiruvarur District.

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Dr.G. JAYACHANDRAN, J.

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