Madras High CourtWP(MD)/804/2023dismissed

Vasuki.K v. The Superintendent Of Police

2024-08-06Honourable Mr Justice D.Bharatha Chakravarthy4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated: 06.08.2024

CORAM

THE HONOURABLE MR JUSTICE D.BHARATHA CHAKRAVARTHY K.Vasuki ... Petitioner Vs.

1.The Superintendent of Police, O/o. The Superintendent of Police, Virudhunagar District, Virudhunagar.

2.The Inspector of Police, Nathampatti Police Station, Virudhunagar District, Virudhunagar.

3.Muthumanickam ... Respondents PRAYER:- Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, to restrain the first and second from providing police protection to the third respondent to enter into the land in Survey No.193/1 in Plot Nos.4 (1552.50 Sq.feet), 5(240 Sq.feet) and 7(2400 Sq.feet) situated at Vadugapatti Vilage, Watrap Taluk, Virudhunagar District by considering her representation dated 09.01.2023 within the time stipulated by this Court.

For Petitioner : Mr.T.Thirumurugan For R1 to R3 : Mrs.M.Aasha, Government Advocate(Crl.side) For R3 : Mr.C.Jeyaprakash

ORDER

This writ petition is filed to restrain the first and second from providing police protection to the third respondent to enter into the land, by considering her representation dated 09.01.2023. 2.The learned counsel appearing for the petitioner submits that police protection be ordered since they are sought to be dispossessed. 3.The learned counsel appearing on behalf of the third respondent submits that already the third respondent has got a degree as against the vendor of the petitioner and steps are being taken only in execution of the said decree.

4.In view thereof, if at all the petitioner has got any right, he has to approach the concerned civil Court and in the absence of any civil Court order, especially when the civil Court order is said to be against the petitioner, the present prayer cannot be granted by this Court. Accordingly, this writ petition is dismissed. No costs.

06.08.2024 NCC:Yes/No Index:Yes/No Internet:Yes/No gns

To 1.The Superintendent of Police, O/o. The Superintendent of Police, Virudhunagar District, Virudhunagar.

2.The Inspector of Police, Nathampatti Police Station, Virudhunagar District, Virudhunagar.

D.BHARATHA CHAKRAVARTHY , J.

gns 06.08.2024