M.Vijay Anand v. The Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 13.04.2023
CORAM
THE HON'BLE Mr. JUSTICE G.K.ILANTHIRAIYAN and WMP.Nos.37744 of 2016, 203, 204 and 205 of 2017 W.P.No.43912 of 2016:
M.Vijay Anand Petitioner Vs 1.The Inspector of Police, 2.The Commissioner of Police, 3.M/s.Pratishta Associates, represented by its Partner, Mrs.B.V.Manjula, Flat No.S-13, TNHB Complex, No.4/180, Luz Church Road, Mylapore, Chennai - 600 004.
4.M/s.Advaita Homes, represented by its Authorised Signatory, B.Raja Reddy, 1/9
Flat No.7, I Floor, Archana Complex, 10, Sargangapani Street, T.Nagar, Chennai - 600 017.
5. L.Chenkuttuvan The President, Brindavan Apartments Owners Association, No.67, Cross Road, New Washermenpet, Chennai - 600 081.
[Impleaded as per order dated 23.10.2017 in W.M.P.No.436 of 2017 in W.P.No.43912 of 2016.] Respondents Prayer :- Writ Petition is filed under Article 226 of Constitution of India, pleased to issue a Writ of Mandamus, directing the 1st respondent to provide police aid or assistance for proper implementation of the order of the VII Assistant City Civil Judge, Chennai made in I.A.No. 7601 of 2015 in O.S.No.2918 of 2015 dated, 20.06.2016. For Petitioner : Mr.S.Sathiaseelan For R1 &2 : Mr.S.Rajakumar Additional Public Prosecutor For R 3 & 4 : Mr.P.Subba Reddy For R5 : Mr.R.Abdul Mubeen W.P.No.215 of 2017:
Kamalesh M.Shah Petitioner Vs 1.The Inspector of Police, 2/9
2.The Commissioner of Police, 3.M/s.Pratishta Associates, represented by its Partner, Mrs.B.V.Manjula, Flat No.S-13, TNHB Complex, No.4/180, Luz Church Road, Mylapore, Chennai - 600 004.
4.M/s.Advaita Homes, represented by its Authorised Signatory, B.Raja Reddy, Flat No.7, I Floor, Archana Complex, 10, Sargangapani Street, T.Nagar, Chennai - 600 017.
5. L.Chenkuttuvan The President, Brindavan Apartments Owners Association, No.67, Cross Road, New Washermenpet, Chennai - 600 081.
[Impleaded as per order dated 23.10.2017 in W.M.P.No.1840 of 2017 in W.P.No.215 of 2017.] Respondents Prayer :- Writ Petition is filed under Article 226 of Constitution of India, pleased to issue a Writ of Mandamus, directing the 1st respondent to provide police aid to the petitioner's property or assistance for proper implementation of the order of the VII Assistant City Civil Judge, 3/9
Chennai made in I.A.No. 6073 of 2015 in O.S.No.2270 of 2015 dated, 20.06.2016.
For Petitioner : Mr.M.Vijay Anand For R1 &2 : Mr.S.Rajakumar Additional Public Prosecutor For R 3 & 4 : Mr.P.Subba Reddy For R5 : Mr.R.Abdul Mubeen W.P.No.216 of 2017:
S.Sridharan Petitioner Vs 1.The Inspector of Police, 2.The Commissioner of Police, 3.M/s.Pratishta Associates, represented by its Partner, Mrs.B.V.Manjula, Flat No.S-13, TNHB Complex, No.4/180, Luz Church Road, Mylapore, Chennai - 600 004.
4.M/s.Advaita Homes, represented by its Authorised Signatory, B.Raja Reddy, Flat No.7, I Floor, Archana Complex, 10, Sargangapani Street, 4/9
T.Nagar, Chennai - 600 017.
5. L.Chenkuttuvan The President, Brindavan Apartments Owners Association, No.67, Cross Road, New Washermenpet, Chennai - 600 081.
[Impleaded as per order dated 23.10.2017 in W.M.P.No.1841 of 2017 in W.P.No.216 of 2017.] Respondents Prayer :- Writ Petition is filed under Article 226 of Constitution of India, pleased to issue a Writ of Mandamus, directing the 1st respondent to provide police aid to the petitioner's property or assistance for proper implementation of the order of the VII Assistant City Civil Judge, Chennai made in I.A.No. 5867 of 2015 in O.S.No.2172 of 2015 dated, 20.06.2016.
For Petitioner : Mr.M.Vijay Anand For R1 &2 : Mr.S.Rajakumar Additional Public Prosecutor For R 3 & 4 : Mr.P.Subba Reddy For R5 : Mr.R.Abdul Mubeen W.P.No.217 of 2017:
K.Venkatesan Petitioner Vs 1.The Inspector of Police, 2.The Commissioner of Police, 5/9
3.M/s.Pratishta Associates, represented by its Partner, Mrs.B.V.Manjula, Flat No.S-13, TNHB Complex, No.4/180, Luz Church Road, Mylapore, Chennai - 600 004.
4.M/s.Advaita Homes, represented by its Authorised Signatory, B.Raja Reddy, Flat No.7, I Floor, Archana Complex, 10, Sargangapani Street, T.Nagar, Chennai - 600 017.
5. L.Chenkuttuvan The President, Brindavan Apartments Owners Association, No.67, Cross Road, New Washermenpet, Chennai - 600 081.
[Impleaded as per order dated 23.10.2017 in W.M.P.No.1842 of 2017 in W.P.No.217 of 2017.] Respondents Prayer :- Writ Petition is filed under Article 226 of Constitution of India, pleased to issue a Writ of Mandamus, directing the 1st respondent to provide police aid to the petitioner's property or assistance for proper implementation of the order of the XVI Assistant City Civil Judge, Chennai made in C.M.A.No.89 of 2015 in O.S.No.6354 of 2014 dated, 19.02.2016.
6/9
For Petitioner : Mr.M.Vijay Anand For R1 & 2 : Mr.S.Rajakumar Additional Public Prosecutor For R 3 & 4 : Mr.P.Subba Reddy For R5 : Mr.R.Abdul Mubeen COMMON ORDER These Writ Petitions are filed directing the 1st respondent to provide police aid to the petitioner's property or assistance for proper implementation of the order of the VII Assistant City Civil Judge, Chennai in I.A.No. 7601 of 2015 in O.S.No.2918 of 2015 dated, 20.06.2016 and I.A.No. 6073 of 2015 in O.S.No.2270 of 2015 dated, 20.06.2016 and I.A.No. 5867 of 2015 in O.S.No.2172 of 2015 dated, 20.06.2016 and order of the learned XVI Assistant City Civil Judge, Chennai made in C.M.A.No.89 of 2015 in O.S.No.6354 of 2014 dated, 19.02.2016.
2. It is seen that, in violation of the interim order obtained from the Civil Court, the petitioners filed contempt petitions and the same was also dismissed by the Civil Court. The main suit is still pending. 7/9
3. Therefore, if there is any violation of the interim order, the petitioners can very well approach the same Court for appropriate relief.
4. With the above directions, these Writ Petitions are disposed of. Consequently, the connected Miscellaneous Petitions are closed. No costs.
13.04.2023 Index:Yes/No Internet:Yes/No Speaking Order: Yes/No gd To 1.The VII Assistant City Civil Judge, Chennai 2.The XVI Assistant City Civil Judge, Chennai 3.The Inspector of Police, 4.The Commissioner of Police, 8/9
G.K.ILANTHIRAIYAN, J.
gd 13.04.2023 9/9