Vasantha Ramamoorthy v. The Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 20.11.2018

CORAM:

THE HON'BLE MR. JUSTICE N. ANAND VENKATESH W.P.No.27721 of 2018 Smt. Vasantha Ramamoorthy ... Petitioner Vs.

1.The Superintendent of Police, Kancheepuram District.

2.The Deputy Superintendent of Police, Mahaballipuram.

3.The Inspector of Police, Mahaballipuram.

4.S.Dorai

...Respondents

PRAYER: Writ Petition has been filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, to consider the petitioner's representation dated 02.07.2018 and to direct the respondents No.1 to 3 to provide police protection to the property situated at Old Survey No.170/1 New Survey No.274/13 South Mada Veedhi an extent of 935 Sq.Meter and Survey No.167/1 New Gramanatham No.167/8 at East Raja Veedhi an extent of 389 Sq.Meter Mamallapuram Town, Thirukalukundram, Kancheepuram District.

For Petitioner : M/s.S.J.Pachiyappan For Respondents: Mr.C.Raghavan for R.1 to R.3 Government Advocate (Crl.Side)

O R D E R

This petition has been filed seeking for police protection on the ground that this petitioner has become the owner of the property along with other Legal Representatives by virtue of the Will executed by the father of the petitioner.

2.According to the petitioner, the fourth respondent is also one of the beneficiary under the Will and he is attempting to bring back to the evicted tenants and prevent the petitioner from selling the property. The police https://hcservices.ecourts.gov.in/hcservices/

complaint has also been given by the fourth respondent and the same was registered in Crime No.158 of 2018 and the same is pending.

3.In the mean time, the petitioner apprehends threat from the fourth respondent and therefore the present petition has been filed seeking for police protection.

4.Admittedly, in this case, an FIR has been registered by the respondent police in Crime No.158 of 2018 against the fourth respondent and investigation is pending. There is also a property dispute among the parties. This dispute can be resolved only by approaching the appropriate civil Court and seeking for appropriate relief. The police cannot interfere with the property dispute. Insofar as the complaint is concerned, the respondent police is already investigating the same and the final report shall be filed in the said case within a period of three months from the date of receipt of a copy of this order.

5.The writ petition stands disposed of with the above direction. There shall be no orders as to costs. Sd/- Assistant Registrar(CS) //True Copy// Sub Assistant Registrar gsp/lpp To 1.The Superintendent of Police, Kancheepuram District.

2.The Deputy Superintendent of Police, Mahaballipuram.

3.The Inspector of Police, Mahaballipuram.

+1cc to M/s.S.J.Pachiyappan , Advocate SR.No. 79839 W.P.No.27721 of 2018 ASK(21/12/2018) https://hcservices.ecourts.gov.in/hcservices/