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Madras High CourtWP/38453/2024dismissed

Madhan v. The Superintendent Of Police

2024-12-16Honourable Mr Justice P. Velmurugan6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 16.12.2024 Coram:

THE HONOURABLE MR. JUSTICE P.VELMURUGAN Madhan ... Petitioner Vs.

1. The Superintendent of Police The Office of the Superintendent Krishnagiri, Krishnagiri District

2. The Inspector of Police Kaveripattinam Police Station Krishnagiri District

3. Rathinammal

4. G.Ravichandiran

5. Raji

6. Selvi 7.G.Srinivasan

8. G.Vinothkumar

9. N.C.Saravanan ... Respondents Prayer: Writ Petition is filed under Article 226 of Constitution of India to issue a Writ of Mandamus directing the 2 nd respondent police to take action in 1/6

respect of the complaint dated 26.11.2024 given by the petitioner herein, to provide necessary police protection to the petitioner and family members and also give protection to the properties situated in Krishnagiri District, Kaveripattinam Village Survey No.242, Punjai Acre 0.10 cent. For Petitioner : Mr.V.Balamurugan For Respondents 1 and 2 : Mr.S.Sugendran Additional Public Prosecutor

ORDER

This Writ Petition has been filed by the petitioner to direct the 2 nd respondent police to take action in respect of the complaint dated 26.11.2024 given by the petitioner herein, to provide necessary police protection to the petitioner and family members and also give protection to the properties situated in Krishnagiri District, Kaveripattinam Village in Survey No.242, Punjai Acre 0.10 cent.

2. Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing for the respondents 1 and 2 and also perused the materials available on record.

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3. Since no adverse order is being passed against the private respondents, notice to the private respondents/respondents 3 to 9 is dispensed with.

4. A reading of the affidavit itself shows that already a civil suit is pending between the parties. The petitioner cannot give a criminal colour to a civil dispute.

5. Since the dispute between the parties is civil in nature and already a civil suit is pending between the parties, this Writ Petition is dismissed. There shall be no order as to costs.

6. The petitioner is at liberty to work out his remedy before the civil Court in the pending civil suit.

16.12.2024 Index : Yes / No Speaking Order : Yes / No ksa-2 3/6

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To

1. The Superintendent of Police The Office of the Superintendent Krishnagiri, Krishnagiri District

2. The Inspector of Police Kaveripattinam Police Station Krishnagiri District

3. The Public Prosecutor High Court of Madras 5/6

P.VELMURUGAN. J.

Ksa-2 16.12.2024 6/6