S.Nagamani v. The Commissioner Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12.11.2024

CORAM

THE HONOURABLE MR.JUSTICE P.VELMURUGAN S.Nagamani ... Petitioner versus 1.The Commissioner of Police, No.132, Commissioner Office Building, EVK, Sampath Road, Vepery, Chennai - 600 007.

2.The Inspector of Police (L & O), 19, Thuraipakkam Police Station, Thuraipiakkam, Chennai - 600 096.

3.Mr.Chakravarthy 4.Deepa ... Respondents Writ Petition filed under Article 226 of Constitution of India, praying to issue a Writ of Mandamus, directing the respondents 1 and 2 to consider the petitioner's representation dated 19.09.2024 and consequently direct the respondents 1 and 2 to provide police protection for the petitioner against the third and fourth respondents.

For Petitioner :

M/s.M.Yogaa For Respondents :

Mr.S.Vinoth Kumar Government Advocate (Criminal Side) for R1 and R2 Not ready in notice (R3 and R4) Pg.Nos.1/4

O R D E R

The case of the petitioner is that he purchased a property measuring 1,050 sq. ft., and at the time of purchase, the 3rd respondent was building a house next to his and requested permission to install a window, which was granted. However, when the petitioner started construction, the 3rd and 4th respondents are objecting to the installation of the window. The petitioner has been verbally abused, threatened with the destruction of the window, and intimidated whenever he tries to proceed with its installation. Hence, this petition is being filed, seeking police protection.

2. A careful examination of the matter reveals that the issue between the parties appears to be rooted in a dispute regarding the installation of the window and the objections raised by the 3rd and 4th respondents. The petitioner claims that despite granting prior permission for the window's installation, they have been subjected to repeated verbal abuse, threats of destruction to the window, and intimidation whenever they attempt to proceed with the construction. While the petitioner seeks police protection, it is important to note that the matter involves a dispute over property rights and construction, which should be resolved through legal channels such as civil suits or property-related Pg.Nos.2/4

remedies. Police protection is generally not warranted in cases involving property disputes unless there is an immediate threat to safety or public peace. Therefore, the writ petition seeking police protection does not appear to be an appropriate course of action in this case, and the petition is accordingly dismissed.

12.11.2024 Index: Yes/No Speaking Order : Yes/No r n s Pg.Nos.3/4

P.VELMURUGAN, J.

r n s To 1.The Commissioner of Police, No.132, Commissioner Office Building, EVK, Sampath Road, Vepery, Chennai - 600 007.

2.The Inspector of Police (L & O), 19, Thuraipakkam Police Station, Thuraipiakkam, Chennai - 600 096.

12.11.2024 Pg.Nos.4/4