Sivakumar v. The Inspector Of Police

W.P.(MD)No.2231 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 15.02.2022 CORAM :

THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR W.P.(MD)No.2231 of 2020 K.Sivakumar

...Petitioner

/Vs/ 1.The Inspector of Police, Palani Town Police Station, Palani, Dindigul District.

2.Ponnusamy

...Respondents

Prayer: Writ Petition filed under Article 226 of the Constitution of India to issue Writ of Mandamus, directing the first respondent to award adequate police protection in the light of the judgment passed by this Court in S.A.(MD)No.1215 of 1999 dated 27.08.2019 so as to enable the petitioner and the petitioner's associates of the Kongu Kulalar Community people to exercise their right of administrating the shops and other buildings inclusive of Kalyanam Mandapam situated in the premises Kulalar Madam at Door No.9, Ward No.1, South Car Street, Palani Town and the building situated in another Madam located at West Car Street, Palani Town by considering the petitioner's representation dated 22.01.2020. For Petitioner: Mr.V.Meenkshi Sundaram for Mr.P.Samuel Gunasingh For R1 : Mr.A.Thiruvadikumar Additional Public Prosecutor For R2 : No Appearance

ORDER

This Writ Petition is filed seeking for police protection in the light of the judgment passed by this Court in S.A.(MD)No.1215 of 1999 dated 27.08.2019 by considering the representation of the petitioner.

2.A perusal of the affidavit filed in support of this Writ Petition would indicate that despite the decree in favour of the petitioner, some disturbance is there to exercise his right of administrating the shops and other buildings. Therefore, the petitioner seeks police protection.

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W.P.(MD)No.2231 of 2020 3.At the outset, this Court is of the considered view that such blanket directions cannot be granted and it is for the petitioner to enforce the decree as per law in the execution proceedings. It is always open to the petitioner to seek police protection in the event of any resistance by the judgment debtors before the Executing Court.

4.With the above observation, this Writ Petition stands dismissed. No costs.

Sd/- Assistant Registrar (AS) // True Copy // / /2022 Sub Assistant Registrar(CS) Myr Note :

In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned. To 1.The Inspector of Police, Palani Town Police Station, Palani, Dindigul District.

2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

ORDER MADE IN W.P.(MD)No.2231 of 2020 15.02.2022 PKP/25.02.2022/2P/3C https://hcservices.ecourts.gov.in/hcservices/ 2/2