Dr.B.Abinaya v. The Superintendent Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 18.11.2024
CORAM
THE HON'BLE MR. JUSTICE P.VELMURUGAN B.Abinaya ... Petitioner Vs.
1. The Superintendent of Police, Office of the District Superintendent of Police, Perambalur Collector Office Road, Perambalur - 621 212.
2. The Inspector of Police, Law & Order, Perambalur Police Station, Attur-Perambalur Road, Perambalur.
3. Allapitchai ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, to direct the first and second respondents to consider and dispose the petitioner's petition dated 18.09.2024 within a time frame and to offer adequate police protection to the petitioner and her workers to carry out the building repair and renovation work in the property situated at Door No.57, Survey
No.316/16, Matharsha Road, Kasbha Perambalur Town, Perambalur Taluk, Perambalur District.
For Petitioner : Mr.P.Arasaprabu For R1 & R2 : Mr.S.Sugendran Additional Public Prosecutor
O R D E R
This Writ Petition has been filed to issue a Writ of Mandamus, to direct the first and second respondents to consider and dispose the petitioner's petition dated 18.09.2024 within a time frame and to offer adequate police protection to the petitioner and her workers to carry out the building repair and renovation work in the property situated at Door No.57, Survey No.316/16, Matharsha Road, Kasbha Perambalur Town, Perambalur Taluk, Perambalur District.
2. Heard the learned counsel appearing for the petitioner and the learned Additional Government Pleader appearing for the official respondents and perused the materials available on record.
3. Since no adverse order is passed as against the private
respondent, notice to the private respondent is dispensed with.
4. It is submitted by the learned counsel for the petitioner that the subject property belong to the petitioner's grandmother. After her demise (grandmother), she was in possession and enjoyment of the property. Whileso, the third respondent trespassed into the property unlawfully. Hence, she made a complaint dated 18.09.2024 before the second respondent seeking to take legal action as against the third respondent. Since the petitioner has not received any response from the respondent police, the petitioner constrained to file the above writ petition.
5. The case of the petitioner is that the private respondent is interfering with her possession. For which, the petitioner has to workout her remedy before the Civil Court. Police protection cannot be given to every doorstep of the State.
6. In view of the same, the Writ Petition is dismissed. No costs.
18.11.2024 mfa Index:Yes/No Speaking Order: Yes/No To
1. The Superintendent of Police, Office of the District Superintendent of Police, Perambalur Collector Office Road, Perambalur - 621 212.
2. The Inspector of Police, Law & Order, Perambalur Police Station, Attur-Perambalur Road, Perambalur.
3. The Public Prosecutor, High Court, Chennai.
P.VELMURUGAN, J.
mfa 18.11.2024