B.Basavaraj v. The Superintendent Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 25.11.2024 Coram:
THE HONOURABLE MR. JUSTICE P.VELMURUGAN B.Basavaraj ... Petitioner Vs.
1. The Superintendent of Police Krishnagiri District, Krishnagiri
2. The Inspector of Police Shoolagiri Police Station, Krishnagiri District
3. Vasanthakumar ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a writ of Mandamus directing the respondents 1 and 2 herein to give police protection to the petitioner, his family members and workers to peacefully carryout the cultivation activities in the petitioner's property comprised in present S.No.86/4A, 86/4B, 86/4C, 86/4D, 86/4E, 87/3A, 87/3B, 87/3C, 87/3D, 87/3E, 88/2 totally measuring to an extent of 5.54 Acres situated at Chennapalli Village, Shoolagiri Taluk, Krishnagiri District by considering the petitioner's representation dated 03.10.2024. For Petitioner : Mr.R.Jayaprakash For Respondents 1 & 2 : Mr.S.Sugendran Additional Public Prosecutor 1/5
ORDER
This Writ Petition has been filed by the petitioner to direct the respondents 1 and 2 herein to give police protection to the petitioner, his family members and workers to peacefully carryout the cultivation activities in the petitioner's property comprised in present S.No.86/4A, 86/4B, 86/4C, 86/4D, 86/4E, 87/3A, 87/3B, 87/3C, 87/3D, 87/3E, 88/2 totally measuring to an extent of 5.54 Acres situated at Chennapalli Village, Shoolagiri Taluk, Krishnagiri District by considering the petitioner's representation dated 03.10.2024.
2. Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing for the respondents police and also perused the materials available on record.
3. Since no adverse order is being passed, notice to the 3 rd respondent is dispensed with.
4. A perusal of records shows that the petitioner is one of the parties to the suit in O.S.No.72 of 2022 on the file of the Additional Sub Court, Hosur, 2/5
along with 6 others, which has been filed in respect of the subject property against one N.Narayana Reddy, for cancellation of sale deed and for permanent injunction. Pending suit, the present petition has been filed seeking police protection which, shows that there is a civil dispute in respect of the subject property and instead of getting relief from the Civil Court, the petitioner has approached this Court by way of filing Writ Petition seeking police protection.
5. Since civil suit is pending, the petitioner is directed to approach the civil Court for appropriate remedy and pending civil suit, no police protection can be given for civil dispute.
6. Accordingly, this Writ Petition is dismissed. There shall be no order as to costs.
25.11.2024 Index : Yes / No Speaking Order : Yes / No ksa-2 3/5
To
1. The Superintendent of Police Krishnagiri District Krishnagiri
2. The Inspector of Police Shoolagiri Police Station Krishnagiri District
3. The Public Prosecutor High Court of Madras 4/5
P.VELMURUGAN. J.
Ksa-2 25.11.2024 5/5