Madras High CourtWP/6579/2012dismissed

V.Dhandapani, v. Sub-Inspector Of Police,

2015-08-03Honourable Mr Justice M. Jaichandren3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 3.8.2015

CORAM

THE HON'BLE MR.JUSTICE M.JAICHANDREN Writ Petition No.6579 of 2012 V.DHANDAPANI [ PETITIONER ] Vs 1 SUB-INSPECTOR OF POLICE NADUVEERAPATTU CUDDALORE TALUK CUDDALORE DISTRICT.

2 A.KALIAPERUMAL S/O.ADIMOOLAM VANNIYARPURAM HAMLET OF NADUVEERAPPATTU CUDDALORE TALUK CUDDALORE DISTRICT.

3 DHANAM W/O.RADHAKRISHNAN VANDARASANKUPPAM NADUVEERAPPATTU POST CUDDALORE TALUK CUDDALORE DISTRICT.

4 DEIVEEGAN S/O.RADHAKRISHNAN VANDARASANKUPPAM NADUVEERAPPATTU POST CUDDALORE TALUK CUDDALORE DISTRICT.

5 PUGHAZARASAN S/O.RADHAKRISHNAN VANDARASANKUPPAM NADUVEERAPPATTU POST CUDDALORE TALUK [ RESPONDENTS ] This writ petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus directing the 1st respondent to provide police protection to the petitioner for his peaceful enjoyment of the properties bearing a) Gramanatham Resurvey No.149/1= Old S.No.149/1 a site measuring EastWest 36 feet X North - South 36 feet = 1296 sq.ft.; b) R.S.No.159/22 Hec.0.15.0 = Old S.No.159/22 Ac.0.37; c) R.S.No.147/3 Western Hec. 0.10.5 out of Hec.0.21.0 = Old S.No.147/3 Western Ac.0.26 out of Ac 0.52.

For petitioner : Mr.R.Gururaj For respondents : Mr.R.Ravichandran AGP for R1

O R D E R

Heard the learned counsels appearing for the parties concerned.

2. This writ petition has been filed praying that this Court may be pleased to issue a writ of Mandamus directing the first respondent to provide police protection to the petitioner for his peaceful enjoyment of the properties mentioned in the affidavit filed in support of the writ petition.

3. At this stage of the hearing of the writ petition, the learned Additional Government Pleader appearing for the first respondent had submitted that second appeals, in S.A.Nos.1201 and 1202 of 2012, are pending before this Court, in respect of the properties in dispute. Even otherwise, it would be open to the petitioner to file a complaint before the police official concerned, if there is any specific instance of threat made to the petitioner by third parties, in respect of the properties in question. It is also brought to the notice of this Court that the petitioner had approached this Court by way of a Criminal Original Petition, in Crl.O.P.No.31114 of 2014, for registering a complaint against the respondents 2 and 3 in the writ petition. This Court, by its order,

dated 3.12.2014, had dismissed the said Criminal Original Petition stating that it would be open to the petitioner to seek his remedies, if any, before the civil forum. In such circumstances, this Court does not find any cause or reason to grant the relief, as prayed for by the petitioner, in the present writ petition. Hence, the writ petition stands dismissed. No costs.

Sd/- Assistant Registrar(AD-I) //True Copy// Sub Assistant Registrar lan To SUB-INSPECTOR OF POLICE NADUVEERAPATTU CUDDALORE TALUK CUDDALORE DISTRICT.

1 CC to Mr.R.Gururaj, Advocate SR.No. 39717 1 CC to Mr.T.S.Baskaran, Advocate SR.No. 39881 1 CC to the Government Pleader, SR.No. 39940 Writ Petition No.6579 of 2012 VSN (CO) PSI (20.08.2015)