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Madras High CourtWP/24323/2023disposed of

M/S.Cheran Properties Limited v. The Commissioner Of Police

2023-08-18Honourable Mr Justice N. Anand Venkatesh5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.08.2023

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH and WMP.No.23767 of 2023 M/s.Cheran Properties Limited, represented by its Authorized Signatory, S.Subramani, No.78, Cheran Towers, Arts College Road, Coimbatore - 641 018.

...Petitioner

Vs 1.The Commissioner of Police, Coimbatore District, Old Post Office Road, Gopalapuram, Coimbatore - 641 018.

2.The Deputy Commissioner of Police, Coimbatore District, Old Post Office Road, Gopalapuram, Coimbatore - 641 018.

3.The Inspector of Police, C-2, Police Station, Race Course Road, Gopalapuram, Coimbatore - 641 018.

... Respondents 1/5

PRAYER : Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus directing the Respondents to provide Police Protection to the Petitioner's company continuously for the successful commencement of the Automated Parking Barricade System till the miscreants stop their illegal parking in the said complex and causing damage to the Automated Parking Barricade System while parking the vehicle inside the underground parking area of the commercial complex namely Cheran Towers owned by the Petitioner Company pursuant to the Representation dated 05.08.2023 given by the Petitioner's company to the Respondents.

For Petitioner : Mr.T.Thiageswaran For Respondents : Mr.A.Damodaran, Additional Public Prosecutor for 1 to 3 *****

O R D E R

This writ petition has been filed for a direction to the Respondent Police to provide Police Protection to the Petitioner based on the representation made by the Petitioner.

2.

When the matter was taken up for hearing, it was brought to the notice of the Court that the Cherran Tower Residents Welfare Association has filed a suit against the petitioner in O.S.No.320 of 2023 2/5

and the same is now pending on the file of the Principal District Judge, Coimbatore. In this suit, I.A.No.5 of 2023 was filed seeking for interim injunction and the District Court has granted an Order of status quo on 13.04.2023.

3.

The learned Additional Public Prosecutor on instructions submitted that based on the representations/complaint given by the petitioner, an enquiry was conducted in C.S.R.No.688 of 2023 and the same was closed on 17.08.2023 by directing the parties to approach the Civil Court.

4.

In the light of the above developments, the relief sought for by the petitioner cannot be granted by this Court and it is left open to the petitioner to agitate their grievance before the competent Civil Court.

5.

This writ petition is disposed of accordingly. No costs. Consequently, the connected miscellaneous petition is closed. 18.08.2023 Index : Yes/No Speaking order:Yes/No rka/mkn-ii 3/5

To 1.The Commissioner of Police, Coimbatore District, Old Post Office Road, Gopalapuram, Coimbatore - 641 018.

2.The Deputy Commissioner of Police, Coimbatore District, Old Post Office Road, Gopalapuram, Coimbatore - 641 018.

3.The Inspector of Police, C-2, Police Station, Race Course Road, Gopalapuram, Coimbatore - 641 018.

4.The Public Prosecutor, High Court, Madras.

4/5

N.ANAND VENKATESH, J rka/mkn-ii Writ Petition No.24323 of 2023 and WMP.No.23767 of 2023 18.08.2023 5/5