Rajkumar M v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 26.03.2025

CORAM:

THE HONOURABLE MR.JUSTICE P.DHANABAL W.P(MD) No.8290 of 2025 M.Rajkumar ... Petitioner Vs.

1.The State of Tamil Nadu, Rep. by the Commissioner of Police, Madurai City, Madurai.

2.The Inspector of Police, (Law and Order) Theppakulam Police Station, Madurai.

3.T.N.Elangovan ... Respondents PRAYER: Wri Petition filed under Section 226 of Constitution of India for a Writ of Mandamus to direct the respondents 1 and 2 to provide necessary police protection as per law so as to enforce the petitioner's right of Pathway as per the Civil Court Judgment passed in O.S.No. 30/2022, dated 28.02.2025.

For petitioner : Mr.V.Nagendran For Respondents : Mr.R.M.Anbunithi Additional Public Prosecutor (Crl.Side) for R1 & R2 ***** Page No. 1 of 5

O R D E R

This petition is filed by the petition to direct the respondents 1 and 2 to provide necessary police protection so as to enforce the petitioner's right in pathway as per the Civil Court judgement passed in O.S.No.30 of 2025, dated 25.02.2025.

2. The learned counsel for the petitioner would submit that the said pathway is a common pathway and also the Civil Court passed an order, on the compromise that the pathway can be used by both the parties and the third respondent cannot restrict the petitioner to put up any construction in the pathway. However, now the third respondent is causing disturbance to the petitioner. Therefore, the petitioner sought for police protection, based on the petitioner's representation, dated 28.02.2025, but the same has not been considered. Hence, the petitioner filed this petition.

3. The learned Additional Public Prosecutor (Crl.Side) for the respondents 1 and 2 would submit that the petitioner sent a representation, dated 28.02.2025 and the same is under consideration and they will Page No. 2 of 5

consider the same and pass appropriate orders within a week.

4. Considering the prayer sought for in this petition, this Court, without issuing notice to the third respondent, is inclined to pass orders.

5. Since the prayer is to provide police protection, based on the petitioner's representation and the same is under consideration by the second respondent, it is for the second respondent to conduct enquiry, after affording opportunity to the both the parties and to take appropriate decision in accordance with law within a period of one week from the date of this order.

9. With the abovesaid observations and directions, this Writ Petition is disposed of.

26.03.2025 NCC : Yes/No Index : Yes / No Internet : Yes / No apd To 1.The Commissioner of Police, Madurai City, Madurai.

2.The Inspector of Police, (Law and Order) Theppakulam Police Station, Madurai.

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

P.DHANABAL,J apd W.P.(MD) No.8290 of 2025 26.03.2025 Page No. 4 of 5

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