S.Malar Kodi v. The Commissioner Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated:21.06.2024 Coram:

THE HONOURABLE DR. JUSTICE G. JAYACHANDRAN Writ Petition No.16200 of 2024 and W.M.P.No.17738 of 2024 S.Malar Kodai .. Petitioner /versus/ 1.The Commissioner of Police, Vepery, Chennai 600 007.

2.The Inspector of Police, P3, Ashok Nagar Police Station, Chennai 600 083.

3.Mrs.Tamilselvi .. Respondents Writ Petition has been filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus to direct the respondents to accord me police protection to say the petitioner's house along with the petitioner's children bearing No.2513, 26th Street, LGGS Colony, Ashok Nagar, Chennai 600083.

For Petitioner :Mr.C.K.M.Appaji 1/4

For Respondent :Mr.K.M.D.Muhilan, Government Advocate (Crl.Side) ------

ORDER

The petitioner herein, who lodged a complaint before the respondent police in C.S.R.No.235 of 2024, on 29.05.2024, is before this Court stating that the third respondent, in connivance with Manoj is trying to forcibly vacate her and now, seeks protection of the property which is in her possession.

2. The learned Government Advocate (Crl.Side) appearing for the State submits that the husband as well as the father-in-law of this petitioner died. There are seven apartments left by them. The father-inlaw of the petitioner had three legal heirs including the pre-deceased son, who is the husband of the petitioner. It is purely civil dispute and being now given a criminal colour, only to protect the portion of the property, in which the third respondent is in possession, which is over and above her legal entitlement. Hence, the police has not proceeded further instructing the parties to work out the remedy before the Civil Court.

3. In the light of the above submissions made by the learned 2/4

Government Advocate (Crl.Side) and the facts marred in light, this Court finds that it is purely civil dispute, been given a criminal colour and she should work out her remedy before the Civil Court and the Police has no role in it. Hence, this Writ Petition is dismissed. No costs. Consequently, connected Miscellaneous Petition is closed.

21.06.2024 Index:yes/no Speaking order:yes/no ari To:

1.The Commissioner of Police, Vepery, Chennai 600 007. 2.The Inspector of Police, P3, Ashok Nagar Police Station, Chennai 600 083.

3.The Public Prosecutor, High Court, Madras.

DR.G.JAYACHANDRAN, ari 3/4

Writ Petition No.16200 of 2024 and W.M.P.No.17738 of 2024 21.06.2024 4/4