Meena Kimraj Sakkaria v. The Secretary To Government

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.06.2022

CORAM:

THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR W.P.NO.14296 OF 2022 Meena Kimraj Sakkaria ... Petitioner Vs.

1. The Secretary to Government, Home Department, Secretariat, Chennai - 600 009.

2. The Commissioner of Police, Chennai Metro City, Vepery, Chennai - 600 007.

3. The Inspector of Police, E-2, Royapettai Police Station, Chennai - 600 014.

4. Vijay Kapoor President of Vertica Apartments Association, No.153 to 156, Petters Road, Gopalpuram, Chennai - 600 086.

5. Sankar Narayanan Secretary of Vertica Apartments Association, No.153 to 156, Petters Road, Gopalpuram, Chennai - 600 086.

... Respondents PRAYER: Writ petition filed under 226 of Constitution of India to issue a Writ of Mandamus or any other appropriate writ, order or direction in the nature of writ, to direct the 1 to 3rd respondents to save her life liberty of her living right at Vertica Apartment, Door No.153 to 156, Petters Road, Gopalpuram, Chennai - 600 086, which in 9th Floor, Flat No.9D, which is total extent of 546 square feet's against the 4th and 5th respondents association.

For Petitioner :

Mr.T.V.G.Kartheeban For Respondents :

Mr.Leonard Arul Joseph Selvam Government Advocate (Crl.Side)

O R D E R

This Writ Petition has been filed to direct the respondents 1 to 3 to give police protection for the petitioner for her living right at Vertica Apartment, Door No.153 to 156, Petters Road, Gopalpuram, Chennai - 600 086, which is in 9th Floor, Flat No.9D to a total extent of 546 square feet's against the 4th and 5th respondents association.

2. It is the contention of the learned counsel appearing for the petitioner that she had purchased the property in the year 2015. However, she did not take possession of the property and the fourth and fifth respondents are enjoying the property. Hence, there should be a direction for police protection to the petitioner.

3. When there is a dispute with regard to the possession of the property, blanket Order for police protection cannot be granted. The petitioner has to establish her title or possession over the immovable property. Such being the position, it is for the petitioner to establish her right before the appropriate forum.

4. Accordingly, this Criminal Original Petition is dismissed.

Sd/- Assistant Registrar(CS-IX) //True Copy// Sub Assistant Registrar vrc To 1.

The Secretary to Government, Home Department, Secretariat, Chennai - 600 009.

2.

The Commissioner of Police, Chennai Metro City, Vepery, Chennai - 600 007.

3. The Inspector of Police, E-2, Royapettai Police Station, Chennai - 600 014.

4.

The Public Prosecutor, High Court of Madras.

W.P.No.14296 of 2022 RSV(CO) RLP(28/06/2022)