Magesh Kumar Porwal v. The Commissioner Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.04.2025

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Magesh Kumar Porwal ... Petitioner Vs

1. The Commissioner of Police, Salem City, Salem.

2. The Inspector of Police, Central Crime Branch - Salem City, Salem District.

(Crime No.4/2025)

3. K.R.Shanmuga Sundaram ... Respondents Writ Petition filed under Article 226 of the Constitution praying to issue a Writ of Mandamus, directing the first and second respondents to take necessary action against the third respondent in accordance with law by considering the petitioner's representations dated 14.03.2025 and 02.04.2025 and consequently provide adequate Police protection to the petitioner and his property situated at No.109, GD Division, 8th Ward, 2nd Agraharam, Salem Town.

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For Petitioner : Mr.R.Vivekananthan For Respondents : Mr.A.Gopinath, Government Advocate (Crl.Side) for R1 & R2

O R D E R

This Writ Petition has been filed to take appropriate action against the third respondent in accordance with law as per the representations dated 14.03.2025 and 02.04.2025 and also sought police protection for the petitioner and his property.

2. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.Side) appearing for the first and second respondents and perused the materials available on record.

3. It is seen that the petitioner purchased the immovable property from the third respondent. However, the third respondent demanded cancellation of the sale deed on the ground that the sale consideration was not paid. Subsequently, on the complaint lodged by the third respondent, the 2/5

second respondent registered the First Information Report in Crime No.4 of 2025 for the offences punishable under Sections 120B, 417, 420, 465, 468, 471, and 506(1) of the IPC. Thereafter, the petitioner also filed a suit in O.S.No.260 of 2025 on the file of the learned Additional District Judge-II, Salem for permanent injunction against the third respondent, and it is pending without any interim order.

4. Further, it is seen that now the petitioner lodged a complaint seeking police protection for the petitioner as well as his property. When the petitioner has already filed the suit for permanent injunction, he has to approach the civil court for appropriate relief. Therefore, police protection cannot be granted to the property, and as such, this Writ Petition is devoid of merits and is liable to be dismissed.

5. Accordingly, this Writ Petition is dismissed. No costs. 22.04.2025 Index:Yes/No kv 3/5

To

1. The Commissioner of Police, Salem City, Salem.

2. The Inspector of Police, Central Crime Branch - Salem City, Salem District.

3. The Public Prosecutor, High Court of Madras, Chennai.

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G.K.ILANTHIRAIYAN, J.

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