M.Magendran v. The Superintendent Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 16.08.2017
CORAM:
THE HONOURABLE MR.JUSTICE M.M.SUNDRESH and THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR W.A.(MD) No.1107 of 2017 1.M.Magendran 2.M.Pushpanathan ... Appellants/Petitioners -vs1.The Superintendent of Police, Thanjavur District, Thanjavur.
2.The Deputy Superintendent of Police, Papanasam Taluk, Thanjavur District.
3.The Inspector of Police, Ayyampettai Police Station, Ayyampettai, Thanjavur.
4.The Sub Inspector of Police, Ayyampettai Police Station, Ayyampettai, Thanjavur.
5.The District Collector, Thanjavur District.
6.The Tahsildar, Papanasam, Thanjavur District.
...Respondents/Respondents
PRAYER: Writ Appeal filed under Clause 15 of Letters Patent, to allow this Writ appeal by setting aside the order passed by the Learned Judge in W.P.(MD)No.1480 of 2016, dated 29.06.2017. Prayer in WP(MD). 1480/ 2016 :
Writ Petition is filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus directing the Respondents to give police protection by implementing the order in IA No.626/2015 in OS No.131/2015 dated 07.12.2015 on the file of District Munsif Court, Thiruvaiyaru. For Petitioner :
Mr.D.Rajagopal For R1 to R6 :
Mr.VR.Shanmuganathan Spl. Govt. Pleader https://hcservices.ecourts.gov.in/hcservices/
O R D E R
[Order of the Court was made by M.M.SUNDRESH, J.] This writ appeal has been filed against the order of the learned Single Judge by which, police protection is sought for through a writ of mandamus, was declined.
2.The learned counsel for the appellants would submit that the appellants have got an interim protection from the jurisdictional Civil Court. He also got an order from the very same Court seeking Police Protection. However, despite the same, there is no police protection was given. That is why the reason, the present writ appeal has been filed. Thus, the order passed by the learned Single Judge requires interference.
3.We are of the view that the writ petition filed by the appellants is not maintainable. The appellants did get an order from the Civil Court, we do not want to make any comment on the orders passed by the learned Single Judge. It is for the appellants to take appropriate steps to see that the said order is implemented by approaching the very same Court. In such view of the matter, we do not find any error in the order passed by the learned Single Judge. Accordingly, the writ appeal is dismissed. No costs.
Sd/- Assistant Registrar(CS-II) /Truecopy/ Sub Assistant Registrar To 1.The Superintendent of Police, Thanjavur District, Thanjavur.
2.The Deputy Superintendent of Police, Papanasam Taluk,Thanjavur District.
3.The Inspector of Police, Ayyampettai Police Station,Ayyampettai,Thanjavur. 4.The Sub Inspector of Police, Ayyampettai Police Station,Ayyampettai, Thanjavur. 5.The District Collector,Thanjavur District.
6.The Tahsildar, Papanasam,Thanjavur District.
+1cc to M/S.D.RAJAGOPAL, Advocate SR.No.72693 +1cc to Special Government Pleader, SR.No. 72905 am/cp MAS/SV-MMS/SAR2:23.08.2017:2P-11C W.A.(MD) No.1107 of 2017 16.08.2017 https://hcservices.ecourts.gov.in/hcservices/