Devarajan.T v. The Superintendent Of Police

W.P.(MD)No.6112 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 18.03.2021 CORAM :

THE HONOURABLE Mrs.JUSTICE R.HEMALATHA W.P.(MD)No.6112 of 2021 T.Devarajan

...Petitioner

/Vs./ 1.The Superintendent of Police, Thoothukudi, Thoothukudi District.

2.The Inspector of Police, Central Police Station, Thoothukudi District.

3.Malarvizhi Madhana 4.Ajay 5.Muniyasamy 6.Meenatchi Sundaram @ Meenatchi

...Respondents

Prayer: Writ Petition filed under Article 226 of the Constitution of India to issue Writ of Mandamus directing the respondents 1 and 2 to conduct detailed enquiry and permit the petitioner to enter into her own property with necessary police protection comprised in Town Survey No.3534/40, Block 23B, 4th Ward, Mani Nagar Street, Thoothukudi Town, Thoothukudi District as per the sale deed dated 06.09.2019 based upon the petitioner's representation dated 09.02.2021.

For Petitioner : Mr.P.Banuprasath For R1 & R2 : Mr.S.Chandrasekar Additional Public Prosecutor

ORDER

By consent, this Writ Petition is taken up for final hearing at the admission stage itself.

2.The main grievance of the petitioner is that though a decree was passed in his favour in O.S.No.16 of 2016 and consequently, sale deed was also executed by the learned Subordinate Judge, Thoothukudi, the private respondents are preventing him from entering into the property purchased by him. Therefore, he sought for police protection in this regard.

https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD)No.6112 of 2021 3.Mr.S.Chandrasekar, learned Additional Public Prosecutor, who accepts notice for the respondents 1 and 2, on instructions, would submit that the representation submitted by the petitioner was registered in CSR.No.97 of 2021 and posted for enquiry. 4.Recording the submission made by the learned Additional Public Prosecutor, the second respondent is directed to dispose of the said representation based on findings and on merits, within a period of two weeks from the date of receipt of a copy of this order/uploading of the order, after giving notice to the private respondents.

5.With the above observation, the Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar(CS-II) // True Copy // / /2021 Sub Assistant Registrar(CS) rmk 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 Superintendent of Police, Thoothukudi, Thoothukudi District.

2.The Inspector of Police, Central Police Station, Thoothukudi District.

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. +1 CC to M/s.P.BANU PRASATH, Advocate SR-12641[F] dated 22/03/2021 W.P.(MD)No.6112 of 2021 18.03.2021 TP(CO) TR(08.04.2021) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2