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Madras High CourtWP(MD)/13768/2023disposed of

Karthika v. The Superintendent Of Police

2023-06-13Honourable Mr Justice G.Ilangovan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:13.06.2023 CORAM :

THE HONOURABLE MR.JUSTICE G.ILANGOVAN Karthika ... Petitioner Vs.

1.The Superintendent of Police, Dindigul District, Dindigul.

2.The Inspector of Police, Palani Town Police Station, Dindigul District.

3.Karuppasamy.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the 1st and 2nd respondents to consider the petitioner's representation, dated 20.12.2022 and direct the respondents 1 and 2 to safeguard the petitioners life and limb and his property in survey no.68 to an extent of 904 Sq.ft. equivalent 83.90 sq meter of land with tiled house situated at Pattali Street, Adivaram, Palani, from the illegal possession done by the 3rd respondent 1/4

For Petitioner : Mr.T.Ramasamy For Respondents : Mr.B.Nambiselvan for R1 & R2 Additional Public Prosecutor

O R D E R

Seeking police protection on the basis of the representation dated 20.12.2022, this petition has been filed stating that the petitioner is the purchaser of the property and the third respondent is no way involved or having no right over the property.

2.The learned Additional Public Prosecutor would submit that on the basis of the complaint/representation made by the petitioner enquiry was undertaken. During the course of enquiry, both sides appeared and given statement that the grandmother of this petitioner executed sale deed in respect of the property in lieu of the medical expenses borne by this petitioner. But however, the private respondents came to the property and they sent out the petitioner from the property after the death of their grandmother. Now they are in occupation. Since the private respondents are in occupation without any proper right or title the parties have to workout their remedy through appropriate civil process. 2/4

3.Let the petitioner workout her remedy against third respondent for recovery through the civil process. On that ground police protection need not or cannot be granted at this stage.

4.With the above said liberty, this writ petition stands disposed of. No costs.

13.06.2023 NCC :Yes/No Index :Yes/No Internet : Yes/ No TM To 1.The Superintendent of Police, Dindigul District, Dindigul.

2.The Inspector of Police, Palani Town Police Station, Dindigul District.

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

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G.ILANGOVAN, J TM Order made in Dated :13.06.2023 4/4