Madras High CourtWP(MD)/4539/2018dismissed

R.A.Durai v. The Superintendent Of Police

2018-03-06Honourable Mr Justice P. Rajamanickam2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06.03.2018

CORAM

THE HON'BLE MR.JUSTICE P.RAJAMANICKAM W.P.(MD) No.4539 of 2018 R.A.Durai ... Petitioner -Vs1. The Superintendent of Police, Pudukkottai District, Pudukkottai.

2. The Inspector of Police, Karaiyur Police Station, Pudukkottai District.

3. The Sub Inspector of Police, Karaiyur Police Station, Pudukkottai District.

... Respondents Prayer: Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Mandamus, directing the first and second respondents herein to give adequate police protection to run the TASMAC Shop No.6552, situated at Survey No.251/2B, Karaiyur Village, Ponnamaravathy Taluk, Pudukkottai District vide the order dated 23.08.2017 passed by the District Manager, TASMAC, Pudukkottai District.

For Petitioner : Mr.C.Mayilvahana Rajendran For Respondents : Mr.N.Shanmuga Selvam Additional Government Pleader

O R D E R

This petition has been filed to direct the first and second respondents to give police protection to run the TASMAC Shop No.6552, situated at Survey No.251/2B, Karaiyur Village, Ponnamaravathy Taluk, Pudukkottai District.

2.The learned counsel for the petitioner has submitted that the petitioner has leased out his premises to the District Manager, TASMAC for running a TASMAC Shop, but a Non-Government Organization has objected to run the TASMAC Shop and hence the petitioner has submitted a representation to the Police to provide police protection, but they have not passed any order. https://hcservices.ecourts.gov.in/hcservices/ 3.The learned Additional Government Pleader has submitted that the petitioner being a landlord he has no right to ask any police

protection for running a TASMAC Shop. He further submitted that if at all any police protection is necessary, then it is for the District Manager, TASMAC Shop has to ask for police protection. 4.Admittedly the petitioner is only a landlord and he has leased out his building to the District Manager, TASMAC for running a Shop and that being so, if any one gives trouble for running the shop, it is for the District Manager, TASMAC Shop to ask for police protection. The petitioner has no locus standi to seek police protection. Hence, this petition is liable to be dismissed.

5.In the result, the writ petition is dismissed. No costs. Sd/- Assistant Registrar(CS-I) /True Copy/ Sub Assistant Registrar To

1. The Superintendent of Police, Pudukkottai District, Pudukkottai.

2. The Inspector of Police, Karaiyur Police Station, Pudukkottai District.

3. The Sub Inspector of Police, Karaiyur Police Station, Pudukkottai District.

+1cc to Mr.C.Mayilvahana Rajendran, Advocate Sr.No.54242 +1cc to Spl.Government Pleader Sr.No.53652 rmk VB/KKR/SAR1/26.03.2018/2P/6C W.P.(MD) No.4539 of 2018 06.03.2018 https://hcservices.ecourts.gov.in/hcservices/