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Madras High CourtWP/21749/2023disposed of

Mata Amirtandamayi Math v. The Inspector Of Police (Law And Order)

2023-07-24Honourable Mr Justice N. Anand Venkatesh4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 24.07.2023 CORAM :

THE HON'BLE MR.JUSTICE N.ANAND VENKATESH Mata Amirtanandamayi Math, Rep. by its Authorized Signatory, Br.Gopakumar .. Petitioner

Versus

The Inspector of Police (Law and Order), Kirumampakkam Police Station, Kirumampakkam, Bahour Commune Panchayat, Puducherry - 607 402.

.. Respondent Prayer : Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondent to provide Police protection to the petitioner Math for constructing the compound wall in the school building situated in R.S.Nos.32 2/B/1/A & 32 2/B/1/A and R.S.No.32/2A, situated at No.72, Kirumampakkam Revenue Village, Bahour, Puducherry - 607 402.

For Petitioner : Mr.A.Veerasamy For Respondent : Mr.A.Damodaran, Additional Public Prosecutor

ORDER

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This Writ Petition has been filed for a direction to the respondent Police to act upon the complaint given by the petitioner and to give Police protection to the petitioner in order to enable the petitioner to put up a compound wall around the school building.

2. The learned Additional Public Prosecutor appearing on behalf of the respondent submitted that the complaint given by the petitioner was enquired and the same was closed by directing the parties to approach the Civil Court. In the considered view of this Court, directions cannot be issued to the Police to interfere into a property dispute. If the petitioner is not satisfied with the enquiry conducted by the respondent Police, it is left open to the petitioner to either approach the Civil Court and work out their remedy or if a cognizable offence is made, the petitioner can file an application under Section 156(3) of Cr.P.C., before the concerned Magistrate Court and seek for necessary directions. Except giving this clarity, no further orders can be passed in this Writ Petition.

3. This Writ Petition is disposed off in the above terms. 2/4

24.07.2023 Index : yes/no Speaking order/Non-speaking order : yes/no grs To

1. The Public Prosecutor, High Court of Madras.

2. The Inspector of Police (Law and Order), Kirumampakkam Police Station, Kirumampakkam, Bahour Commune Panchayat, Puducherry - 607 402.

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N.ANAND VENKATESH, J.

grs 24.07.2023 4/4