Kalarani .S v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.05.2023

CORAM

THE HONOURABLE MRS. JUSTICE T.V.THAMILSELVI W.P.(MD)No.12308 of 2023 S.Kalarani ... Petitioner Vs.

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

2.The Inspector of Police, Dindigul Taluk Police Station, Dindigul, Dindigul District.

... Respondents Prayer:Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents herein to give police protection to the petitioner at the time of making construction in the petitioner's house property in the light of the petitioner's representation dated 04.05.2023 within a stipulated period as prescribed by this Court.

For Petitioner : Mr.C.M.Ganesan For Respondents : Mr.M.Sakthi Kumar Government Advocate (Crl.Side) 1/4

ORDER

This Writ Petition has been filed to issue a Writ of Mandamus, to direct the respondents to give police protection to the petitioner at the time of making construction in the petitioner's house property in the light of the petitioner's representation dated 04.05.2023 within a stipulated period as prescribed by this Court.

2.According to the petitioner, she purchased a house site to the extent of 2920 sq.ft from one Saraswathi and Kani @ Kaniraja and from the date of purchase she is in possession and enjoyment over the same and patta also stands in her name. At this juncture, since her possession was interfered with by one Sankar, the petitioner filed a suit in O.S.No.578 of 2017 on the file of the Additional District Munsif Court, Dindigul District, which was decreed in favour of the petitioner by judgment and decree dated 11.01.2021. However, one Subramani, Raja and some unknown persons have trespassed into the property of the petitioner and made threat. Hence, the petitioner sent a representation dated 29.04.2023 to the 2nd respondent. Since the same has not been 2/4

considered, she made another representation dated 04.05.2023 to the respondents and the same has also not been considered till date. Hence, the petitioner is before this Court with the aforesaid relief. 3.Heard both sides.

4.A perusal of the affidavit filed in support of this Writ Petition shows that the dispute between the parties is civil in nature. If at all the petitioner wants to establish her legal right over the disputed property, it is always open to her to approach the civil Court. The respondent Police cannot interfere in the civil dispute prevailing between the parties. Hence, the prayer as such sought for by the petitioner cannot be granted at this stage. Accordingly, this Writ Petition is closed. No costs. 18.05.2023 NCC : Yes / No Index : Yes / No Internet : Yes / No MYR 3/4

T.V.THAMILSELVI , J.

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

2.The Inspector of Police, Dindigul Taluk Police Station, Dindigul, Dindigul District.

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