Murugesan.S v. The Inspector General Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:07.02.2024
CORAM:
THE HONOURABLE MR.JUSTICE M.DHANDAPANI Murugesan.S ... Petitioner Vs.
1.The Inspector General of Police, Tiruchirappalli Region, Office of the I.G., Mannarpuram, Trichy.
2.The Deputy Superintendent of Police, Office of the Superintendent of Police, Lalgudi, Trichirappalli District.
3. Amutha
4. Alamelu
5. Selvamani (The petitioner Nos.3 to 5 are impleaded as per the order dated 29.03.2022) ... Respondents 1/6
Prayer:Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, calling for the records pertaining to the impugned finding and report of the 2nd respondent dated 20.11.2021 based on petitioners complaint in C.No. 691/SDO.L/Camp/Try/2021 and quash the same and consequently direct the respondents to provide police protection to the petitioner's family members.
For Petitioner :Mr.Banumathy.T For R1 and R2 : Mr.B.Nambiselvan Additional Public Prosecutor For R3 to R5 : No appearance
O R D E R
This Writ Petition has been filed for a Certiorarified Mandamus calling for the records pertaining to the impugned finding and report of the 2nd respondent dated 20.11.2021 based on petitioners complaint in C.No.691/SDO.L/Camp/Try/2021 and quash the same and consequently direct the respondents to provide police protection to the petitioner's family members.
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2. The case of the prosecution is that the petitioner is the owner of the property in Survey No.182/2, 82/2 and 166/4 to an extend of 2.96 Acres and there was a dispute in between the petitioner and the accused persons. When the petitioner tried to remove the bushes and trees in the said properties, the opposite parties/ respondent Nos.3 to 5 threatened the petitioner, thereby, the petitioner made a complaint before the respondent Police. Thereafter, the second respondent conducted an investigation and the same was closed on 20.11.2021, advising the parties to workout their remedy in the pending suit itself. Challenging the same, this petition is filed.
3. The learned counsel for the petitioner would submit that admittedly the petitioner obtained an order of injunction in O.S.No.14 of 2018 before the Principal Sub Court, Lalgudi, vide order dated 12.07.2021. Even after that, the accused persons interfered into the possession and enjoyment of the petitioner. Inspite of given the complaint by the petitioner, the respondent Police has not taken effective steps.
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4. The learned Additional Public Prosecutor would submit that after conducting investigation on the basis of the complaint given by the petitioner, the same was closed. Inspite of filing an execution petition before the trial Court, where he obtained the decree, repeatedly the petitioner approaching the respondent Police by way of complaints is not permissible.
5. There is the civil dispute between the petitioner and the private respondents herein, for which, the petitioner obtained the civil Court decree in O.S.No.14 of 2018 by the Principal Sub Court, Lalgudi, vide order dated 12.07.2021. Even after obtained the order of injunction, it is alleged that the private respondents interfered into the property owned by the petitioner, thereby, the petitioner made the repeated complaints before the respondent Police. If the private respondents violated the order passed by the concerned Court, the petitioner has to file the execution petition, instead of making repeated complaints before the respondent Police. Hence, this Writ Petition is dismissed with the liberty to the 4/6
petitioner to file the execution petition before the concerned trial Court, where he obtained the decree, for appropriate relief.
6. In the result, this Writ Petition is dismissed. There shall be no order as to costs.
07.02.2024 NCC:Yes/No Index:Yes/No Internet:Yes/No Indu To:
1.The Inspector General of Police, Tiruchirappalli Region, Office of the I.G., Mannarpuram, Trichy.
2.The Deputy Superintendent of Police, Office of the Superintendent of Police, Lalgudi, Trichirappalli District.
3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
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M.DHANDAPANI,J.
Indu 07.02.2024 6/6