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Madras High CourtWP(MD)/7241/2022dismissed

Ramesh.V.R v. The Superintendent Of Police

2022-04-19Honourable Mr Justice G.K. Ilanthiraiyan2 pages

W.P (MD).No.7241 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.04.2022

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN W.P (MD).No.7241 of 2022 V.R.Ramesh ... Petitioner Vs.

1. The Superintendent of Police, Office of the Superintendent of Police, Sivagangai.

2. The Deputy Superintendent of Police, Office of the Deputy Superintendent of Police, Karaikudi, Sivagangai.

3. The Inspector of Police, Chettinadu, Kundrakudi Police Station, Sivagangai District.

... Respondents Prayer:

Petition filed under Article 226 of the Constitution of India praying to issue a writ of mandamus, directing the Respondents 1 to 3 to provide adequate police protection based on the representation of the petitioner, dated 21.03.2022. For Petitioner : Mr.S.Ramsundarvijayraj For Respondents : Mr.R.M.Anbunithi Additional Public Prosecutor R1 & R2

O R D E R

The prayer in this writ petition is to direct the Respondents 1 to 3 to provide adequate police protection based on the representation of the petitioner, dated 21.03.2022.

2. The case of the petitioner is that the land comprised in Survey No.423/1, an extent of 1.75 acres, originally belonged to one S.A.A.Ramaiah son of S.A.Annamalai Chettiyar. While being so, on 01.07.2004, one Chinnasamy purchased the said property and registered vide document No.748/2004. Thereafter, the said Chinnasamy executed a settlement deed in favour of one V.C.P.Prabavathy on 06.08.2009 and registered a document No.1409/2019. In order to purchase the said property, the petitioner had entered into agreement for a sale with V.C.P.Prabhavathy and https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P (MD).No.7241 of 2022 also paid a sum of Rs.25,00,000/- out of which the total sale consideration of Rs.2,25,00,000/- on the date of agreement itself. The entire possession of the property was handed over to the petitioner. However, the third parties are preventing him to clean the property. Therefore, the petitioner lodged complaint to take appropriate action as against the accused persons and also seeking police protection to enjoy the said land.

3. Admittedly, the petitioner is only the agreement holder of the subject property with one V.C.P.Prabavathy. If at all, any the third party obstructing the enjoyment of subject property, he has to approach the Civil Court for appropriate relief.

4. Therefore this writ petition is devoid of merits and it is dismissed. No costs.

Sd/- Assistant Registrar (RTI) // True Copy // / /2022 Sub Assistant Registrar(CS) To

1. The Superintendent of Police, Office of the Superintendent of Police, Sivagangai.

2. The Deputy Superintendent of Police, Office of the Deputy Superintendent of Police, Karaikudi, Sivagangai.

3. The Inspector of Police, Chettinadu, Kundrakudi Police Station, Sivagangai District.

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

+1 CC to M/s.S. RAMSUNDARVIJAYRAJ, Advocate ( SR-19844[F] dated 20/04/2022 ) W.P (MD).No.7241 of 2022 Date:19.04.2022 SA(11.05.2022) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2