V.N.Venkatesan v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 28.01.2015

CORAM

THE HONOURABLE MR. JUSTICE T.S.SIVAGNANAM W.P.NO.27753 OF 2014 V.N.Venkatesan .. Petitioner

Versus

1. The Inspector of Police, E-4, Kattur Police Station, Thiruvallur District.

2. D.Govindasamy

3. D.Chandrakanthan ** .. Respondents ** RR 2 and 3 impleaded as per order dated 28.01.2015 by TSSJ in M.P.No.1/15 in W.P.No.27753/14 PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of Writ of Mandamus directing the respondent to dispose of the representation dated 14.08.2014 made by the petitioner and provide police protection to the petitioner's family and agricultural land situated in S.No.628/2, 629/3, 709/3 and 628/1 in Vayaloor Village, Ponneri Taluk to the extent of 1.68 acres. For Petitioner :

Mr.K.A.Prabaharan For Respondents:

Mr.S.Gunasekaran, Govt. Advocate for R1

O R D E R

Heard Mr.K.A.Prabaharan, learned counsel for the petitioner and Mr.S.Gunasekaran, learned Government Advocate for the first respondent.

2. Since this writ petition is disposed of without notice to the respondents 2 and 3, the merits of the petitioner's contentions are not gone into by this Court and it is left open to be decided by the second respondent.

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3. The petitioner seeks for a direction upon the respondent to dispose of the representation dated 14.08.2014 made by him and provide police protection to his family and agricultural land.

4. Admittedly, civil proceedings are pending before this Court. Originally, the petitioner filed O.S.No.35 of 2006 on the file of the Sub Court, Ponneri, and the said suit was decreed. Aggrieved by the same Govindasamy and Chandrakanthan/the respondents 2 and 3 filed A.S.No.13 of 2011 before the District Court, Thiruvallur and the appeal was allowed and the suit was dismissed. The petitioner filed S.A.No.653 of 2012 and obtained an order of stay. Armed with the order of stay, the petitioner carrying out his agricultural activities and since there is a threat to the life of his family members and himself, he seeks to police protection.

5. Unless and until the S.A.No.653 of 2012 is decided, the relief sought for by the petitioner in this writ petition cannot be granted. Hence, this writ petition fails and the same is dismissed. No costs.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar gg To The Inspector of Police, E-4, Kattur Police Station, Thiruvallur District.

+ 1 cc to the Government Pleader Sr.4423 W.P.NO.27753 OF 2014 PA(CO) Eu 21.02.15 https://hcservices.ecourts.gov.in/hcservices/