Madras High CourtWP(MD)/11168/2017closed

A.Subbiah v. The Superintendent Of Police

2017-06-16Honourable Mr Justice P. N. Prakash2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16.06.2017

CORAM

THE HON'BLE MR.JUSTICE P.N.PRAKASH W.P.(MD) No.11168 of 2017 A.Subbiah ... Petitioner -vs1.

The Superintendent of Police Tirunelveli District, Tirunelveli 2.

The Deputy Superintendent of Police, Cheranmahadevi Tirunelveli District 3.

The Inspector of Police Mukkoodal Police Station, Tirunelveli District ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a writ of Mandamus, directing the respondents to provide police protection to survey the petitioner's land, in Survey No.357/1 and Re-survey No.1159/44 at North Ariyanayagipuram Village Ward No.2 as per revenue records, with the Land Surveyor.

For Petitioner : Mr.C.Kuthalingam For Respondents : Mr.T.S.Mohammed Mohideen Addl. Govt. Pleader

O R D E R

This writ petition has been filed for a direction to the respondents to provide police protection to survey the petitioner's land, in Survey No.357/1 and Re-survey No.1159/44 at North Ariyanayagipuram Village Ward No.2 as per revenue records, with the Land Surveyor.

2. Heard the learned counsel for the petitioner and the learned Additional Government Pleader for the respondents.

3. Today, Mr.Gnanaraj, Sub Inspector of Police, Mukkoodal Police Station, is present before this Court. https://hcservices.ecourts.gov.in/hcservices/

4. When the matter was taken up for hearing, the learned Additional Government Pleader submitted that on the complaint given by the petitioner, a petition enquiry is pending in CSR No.404/2017 against one Muthukrishnan.

5. In the considered opinion of this Court, the mandamus as prayed for cannot be granted in a matter of civil dispute. However, the respondent police is directed to call both the parties and conduct an enquiry in CSR No.404/2017 and take action in accordance with law.

With the above direction, this petition is closed. Sd/- Assistant Registrar(Writs) /True copy/ Sub Assistant Registrar To 1.The Superintendent of Police, Tirunelveli District, Tirunelveli.

2.The Deputy Superintendent of Police, Cheranmahadevi, Tirunelveli District.

3.The Inspector of Police, Mukkoodal Police Station, Tirunelveli District.

+1 cc to Mr.C.Kuthalingam , Advocate in SR.No. 60750 +1 cc to Mr.Special Government Pleader in SR.No.60889 RR AE/SKN/RSK/SAR1/30.06.2017/2P/6C W.P.(MD)No.11168 of 2017 16.06.2017 https://hcservices.ecourts.gov.in/hcservices/