Madras High CourtWP(MD)/5941/2020dismissed

M. Selvakumar v. The Inspector Of Police

2022-02-10Honourable Mr Justice N. Sathish Kumar2 pages

W.P.(MD)No.5941 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 10.02.2022 CORAM :

THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR W.P.(MD)No.5941 of 2020 M.Selvakumar

...Petitioner

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

2.K.Muniappan

...Respondents

Prayer: Writ Petition filed under Article 226 of the Constitution of India to issue Writ of Mandamus, directing the 1st respondent herein to provide adequate protection to the petitioner for removing the gate laid by the second respondent obstructing the common pathway situated in S.No.470 situated at Palapatti Village, Vedasandur Taluk, Dindigul District on the basis of the petitioner's representations dated 24.01.2020 and 13.03.2020 within the time stipulated by this Court.

For Petitioner : Mr.C.Gangai Amaran For R1 : Mr.A.Thiruvadikumar, Additional Public Prosecutor

ORDER

This Writ Petition is filed seeking for police protection to the petitioner for removing the gate laid by the second respondent, obstructing the common pathway situated in S.No.470 situated at Palapatti Village, Vedasandur Taluk, Dindigul District, on the basis of the petitioner's representations dated 24.01.2020 and 13.03.2020. 2.The Writ Petition sought to be converted as a Civil Suit herein. Admittedly, the suit is filed in respect of so called easement of right, in respect of the dispute with the pathway rights in Survey No.470. The suit is still pending. When the rights have not been adjudicated and pending before the concerned civil Court, this Court cannot issue blanket directions in respect of subject matter, which is already pending before the civil Court. https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD)No.5941 of 2020 3.In view of the above, this Writ Petition stands dismissed. No costs.

Sd/- Assistant Registrar(Records) // 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, Vedasandur Police Station, Dindigul District.

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

W.P.(MD)No.5941 of 2020 10.02.2022 KS(CO) TR(21.02.2022) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2