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Madras High CourtWP/20473/2024dismissed

M.C.Chellamuthu v. The Superintendent Of Police

2025-02-07Honourable Mr Justice G.K. Ilanthiraiyan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 07.02.2025

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN M.C.Chellamuthu ... Petitioner Vs.

1.The Superintendent of Police Tiruppur District, Tiruppur.

2.The Inspector of Police, Moolanur Police Station, Dharapurm Taluk, Tiruppur District.

3.M.C.Kuppusamy 4.Sellamuthu 5.Kuppusamy, ... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, to issue Writ of Mandamus, directing the respondents 1 and 2 to provide police protection to the petitioner to repair the underground pipeline in the suit pathway as per injunction order dated 19.03.2024 in C.M.P. No.22623 of 2023 in S.A.No.721 of 2023 by considering the complaint / representation of petitioner dated 31.05.2024.

For Petitioner : Mr.N.Ponraj For R1 & R2 : Mr.K.M.D.Muhilan Government Advocate (Crl.Side) For R3 : Mr.R.Ashok

O R D E R

This Writ Petition has been filed seeking a direction to the respondents 1 and 2 to provide police protection to the petitioner for repairing the underground pipeline in the suit in O.S.No.213 of 2008 on the file of the District Munsif Court, Dharapuram.

2. Heard the learned counsel appearing on either side and perused the materials available on record.

3. Admittedly, there is a dispute between the petitioner and the respondents 3 to 5 herein, which is now pending in S.A.No.721 of 2023 in respect of the pathway, in which the petitioner intended to lay a pipeline. That apart, police protection cannot be granted to lay the pipeline and it is only granted to protect the life of the person.

4. In view of the above, the request for police protection cannot be considered. Thus, the writ petition is devoid of merits and is liable to be dismissed. Accordingly, this Writ Petition stands dismissed. However, the petitioner is at liberty to approach the Civil Court for appropriate relief. No costs.

07.02.2025 Index : Yes/No : Yes/No Speaking/non-speaking order Lpp To 1.The Superintendent of Police Tiruppur District, Tiruppur.

2.The Inspector of Police, Moolanur Police Station, Dharapurm Taluk, Tiruppur District.

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

G.K.ILANTHIRAIYAN, J.

Lpp 07.02.2025