R.Gopal v. The Commissioner Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 28.11.2023 CORAM :
THE HONOURABLE Dr. JUSTICE G.JAYACHANDRAN W.P No.28193 of 2023 and W.M.P. No.27716 of 2023 R.Gopal .. Petitioner Vs.
1.The Commissioner of Police, Chennai City Police, Vepery, Chennai - 600 007.
2.The Deputy Commissioner of Police, St. Thomas Mount, Chennai - 600 016.
3.The Assistant Commissioner of Police, Madipakkam, Chennai - 600 091.
4.The Inspector of Police, Madipakkam Police Station, Chennai - 600 091.
5.The Inspector of Police, Central Crime Branch -I, Chennai -600 007.
6.Vevekananda Subramania Nathan, S/o.Karuppasamy, No.A11, Tower Block -9, Taylors Road, Kilpauk, Chennai -10.
..Respondents 1/4
PRAYER : Writ Petition has been filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents 1 to 5 to provide adequate police protection to the petitioner herein at the property morefully described in the schedule and take action against the accused i.e., 6th respondent herein. For Petitioner : Mr.Parthasarathy Senior Counsel for Mr.P.Palaniyandy For Respondents 1 to 5 : Mr.Leonard Arul Joseph Selvam, Government Advocate (Crl.Side) For Respondent 6 : Mr.R.Rajarathnam Senior Counsel for Mr.G.Mutharasu
ORDER
The petition is filed seeking Police Protection to the property to which, the petitioner claims title through sale deed executed in the year 1970 in favaour of the Rajalakshmi who is the mother of the petitioner. 6th respondent has claimed title over the property through sale deed executed in the year 2020 by one Anandhi. The parties have gone to the Civil Court and suit in O.S. No.251 of 2023 is pending. In the said circumstances, the petitioner herein seeks protection to the property, whereas, the 6th respondent claims that after purchase of the property, in 2/4
the year 2021, the construction work is in progress. Since there is a title dispute between the parties, they have gone to the police and lodged complaint against each other.
2. The learned Government Advocate (Crl.Side) states that totally 6 CSR, each three on the side of the complainant and 6th respondent were registered and enquired. However, since the parties did not cooperate with the enquiry, all those six CSRs were closed.
3. In view of the above facts, the request of the petitioner to provide protection to the properties which is now subject matter of the suit does not arise. Hence, this Writ Petition is dismissed. Consequently, connected Miscellaneous Petition is also dismissed. No costs. 28.11.2023 Internet : Yes/No Index: Yes/No rkp 3/4
Dr.G.JAYACHANDRAN , J.
rkp To 1.The Commissioner of Police, Chennai City Police, Vepery, Chennai - 600 007.
2.The Deputy Commissioner of Police, St. Thomas Mount, Chennai - 600 016.
3.The Assistant Commissioner of Police, Madipakkam, Chennai - 600 091.
4.The Inspector of Police, Madipakkam Police Station, Chennai - 600 091.
5.The Inspector of Police, Central Crime Branch -I, Chennai -600 007.
6.The Public Prosecutor, Madras High Court, Madras.
W.P No.28193 of 2023 and W.M.P. No.27716 of 2023 28.11.2023 4/4