S.S.Vijayanand v. The Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19.01.2018

CORAM

THE HONOURABLE Mr.JUSTICE M.S.RAMESH W.P.No. 1221 of 2018 and W.M.P.No.1523 of 2018 S.S.Vijay anand .. Petitioner Vs

1. The Superintendent of Police, O/o.Superintendent of Police, Coimbatore Rural, State Bank Road,Coimbatore.

2. The Deputy Superintendent of Police, Mahalingapuram, Pollachi.

3. The Inspector of Police, Pollachi Bazaar Police Station, Pollachi Taluk, Coimbatore District.

4. P. Mylsamy Gounder .. Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a writ of Mandamus directing the respondents 1 to 3 to provide police protection to the petitioner and his property situated in Survey No.115/2& 117/3, Zamin Uthukuli Village, Pollachi taluk, Coimbatore District measuring 2.2 Hectares.

For Petitioner : Mr.A.L.Somaiyaji, Senior Counsel for Mr.I,Abrar Mal Abdullah For Respondents : Mr.D.Raja RR 1to 3 Additional Government Pleader R4 : Mr. P.Vallaiappan

O R D E R

The prayer in the present petition is for direction to grant necessary police protection. According to the learned

Senior Counsel appearing for the petitioner that the petitioner is having valid title over the subject property in Survey No.115/2 & 117/3, Zamin Uthukuli Village, Pollachi taluk, Coimbatore District measuring 2.2 Hectares and therefore claims that in view of the obstructions made by the fourth respondent herein they are unable to harvest the coconut in the subject property and therefore seeks for police protection.

2. The learned Senior Counsel submits that they are in possession of the subject property and therefore, a direction for protection should be considered.

3. This Court exercising its power under article 226 of the Constitution of India cannot go into the mixed question of facts and it is for the civil court to determine these aspects. In view of the same, I do not find any reason as to why the present Writ Petition can be entertained.

4. Accordingly, the Writ Petition is dismissed with liberty to the petitioner to approach the concerned civil court for similar relief. Consequently, connected miscellaneous petition is closed.

-sd/- Assistant Registrar True Copy Sub-Assistant Registrar aav

1. The Superintendent of Police, O/o.Superintendent of Police, Coimbatore Rural, State Bank Road,Coimbatore.

2. The Deputy Superintendent of Police, Mahalingapuram, Pollachi.

3. The Inspector of Police, Pollachi Bazaar Police Station, Pollachi Taluk, Coimbatore District.

+1 C.C. to The Government Pleader, SR.NO. 5468/18 +1 C.C. to MR.I.Abrar Md.Abdullah Advocate SR.NO.4159/18 +1 C.C. to MR.P.Valliappan Advocate SR.NO. 4375/18 WP. No. 1221 of 2018 NRJK (CO) VS 06.02.2018