Marvin v. The Commissioner Of Police,

[IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 20.07.2023

CORAM

THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH W.P No.21364 of 2023 Marvin Petitioner vs.

1.The Commissioner of Police, Tambaram Police Commissionerate, Tambaram - 600 045.

2.The Inspector of Police, Thazhambur Police Station, Chennai.

3.Purushoth Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of mandamus, direct the 2nd respondent to provide police protection to the petitioner's family and property comprised in Survey No.145/A1, measuring an extent of 7 cents situated Polacherry Village, Talambur Fika, Vandalur Taluk, Chengalpattu District based on the complaint dated 23.05.2023, in C.S.R.No.290 of 2023 issued by the 2nd respondent forthwith.

For Petitioners : Mr.C.Prabakaran For Respondents : Mr.A.Damodaran Additional Public Prosecutor for R1 and R2

ORDER

This petition has been filed seeking for police protection based on the complaint given by the petitioner on 23.05.2023. 2.The learned Additional Public Prosecutor on instructions submitted that the 3rd respondent has already instituted a suit before the learned District Munsif Court, Chengalpattu and the same is pending in O.S.No.107 of 2023. 3.In view of the above submission made by the learned Additional Public Prosecutor, there is no scope for the police to interfere with the dispute and there shall be a direction to the respondent police to close CSR No.290 of 2023. The petitioner can agitate his right before the Civil Court where the case is pending.

4.This writ petition is disposed of accordingly. No Costs. 20.07.2023 Index : Yes/No Internet : Yes/No Speaking Order/Non-Speaking Order ssr To

1.The Commissioner of Police, Tambaram Police Commissionerate, Tambaram - 600 045.

2.The Inspector of Police, Thazhambur Police Station, Chennai.

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

N. ANAND VENKATESH, . J.

ssr W.P No.21364 of 2023 20.07.2023