Madras High CourtWP(MD)/5919/2022dismissed

Ranganathan Desikachari v. The Superintendent Of Police

2024-01-31Honourable Mr Justice M.Dhandapani5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Date : 31/01/2024

CORAM

The Hon`ble Mr.Justice M.DHANDAPANI Ranganathan Desikachari, ... Petitioner Vs

1. The Superintendent of Police, O/o. the Superintendent of Police, Dindigul District..

2. The Deputy Superintendent Of, Police, O/o. the Deputy Superintendent of Police, Kodaikanal Sub Division, Kodaikanal, Dindigul District..

3. The Inspector of Police, Kodaikanal Police Station, Kodaikanal, Dindigul District..

4. The District Collector, Dindigul District, Dindigul..

5. The Tahsildar, Kodaikanal Taluk, Kodaikanal, Dindigul District..

6. Pream Bright, S/o. M.L.Bright Kodaikanal Public School, K.P.S. Compound, M.M.Street, Kodaikanal Town and Taluk, Dindigul District..

... Respondents 1/5

PRAYER :- Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents 1 to 3 herein to provide adequate police protection to the life and limb of the petitioner and his employees and properties comprised in the Common Road leading from the Main Municipal Road up to the Petitioners land situated in Re Survey no.1159/2, R.S.No.1168 and R.S.No.1163 situated at Vilpatti Village, Kodaikanal Taluk, Dindigul District base on the order passed by the learned District Munsif Court, Kodaikanal made in I.A.No.43 and 44/2020 in O.S.No.15/2020 dated 03.01.2022 and by considering the representation of the petitioner dated 23.03.2022.

For Petitioner : M/s. Gangai Amaran .C, For Respondents : Mr.B.Nambiselvan for R1 to R5 Additional Public Prosecutor No appearance for R6

ORDER

This writ petition has been filed for a mandamus to direct the respondents 1 to 3 herein to provide adequate police protection to the life and limb of the petitioner and his employees and properties comprised in the Common Road leading from the Main Municipal Road up to the Petitioners land situated in Re Survey no.1159/2, R.S.No.1168 and R.S.No.1163 situated at Vilpatti Village, Kodaikanal Taluk, Dindigul 2/5

District base on the order passed by the learned District Munsif Court, Kodaikanal made in I.A.No.43 and 44/2020 in O.S.No.15/2020 dated 03.01.2022 and by considering the representation of the petitioner dated 23.03.2022.

2. When the matter was taken up for hearing, the learned Additional Public Prosecutor would submit that for the very same relief, the petitioner has already obtained injunction in I.A.No.44/2020 in O.S.No,15/2020 on the file of the District Munsif Court, Kodaikanal. The said submission is recorded.

3. In view of the above submission, since the petitioner has already approached the civil court and obtained an order of injunction, the question of giving direction in this writ petition does not arise. Accordingly, the writ petition is dismissed with liberty to the petitioner to work out his remedy before the civil court for appropriate relief. 31.01.2024 RR 3/5