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Madras High CourtWP(MD)/13934/2021dismissed

James.G v. The Superintendent Of Police

2021-12-10Honourable Mr Justice G.R.Swaminathan2 pages

W.P(MD)No.13934 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 10.12.2021 CORAM :

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P(MD)No.13934 of 2021 and W.M.P.(MD)No.10881 of 2021 G.James ... Petitioner Vs.

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

2. The Deputy Superintendent of Police, Alangulam Division, Alangulam, Tenkasi District.

3. The Inspector of Police, Pavoorchatram Police Station, Tenkasi District.

4. The Executive Officer, Arulmigu Courtala Nathar Swamy Thirukovil, Courtalam, Tenkasi District.

5. S.Balagan

6. V.Ganapathy

7. Chakradise ... Respondents Prayer: Writ Petition is filed under Article 226 Constitution of India, to issue a Writ of Mandamus, to direct the respondents 1 to 3 to give adequate police protection to the petitioner life and limb and to open the petitioner's shop in Door No.10/578 situated at Main Road Pavoorchatram, Tenkasi District on the basis of petitioner's representation dated 23.07.2021 within the time to be stipulated by this Court.

For Petitioner : Mr.C.Saravanakumar For Respondents : Mr.T.Senthil Kumar Additional Public Prosecutor for R.1 to R.4 Mr.Karthikeya venkatachalapathy for R.7

O R D E R

Heard the learned counsel on either side.

https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P(MD)No.13934 of 2021

2. The prayer sought for in the writ petition cannot be granted for the simple reason that the petitioner is not having any enforceable order or decree from the jurisdictional Civil Court. The petitioner's grievance is that the private respondents herein are interfering with running of his business. If that be so, the remedy open to the petitioner is to file an injunction suit. Invoking the jurisdiction of this Court is clearly not maintainable. Leaving open the petitioner's other rights and remedies, this Writ Petition is dismissed. Consequently, connected miscellaneous petition is closed. No costs.

Sd/- Assistant Registrar (CS-III) // True Copy // / /2021 Sub Assistant Registrar(CS) mga Note: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To

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

2. The Deputy Superintendent of Police, Alangulam Division, Alangulam, Tenkasi District.

3. The Inspector of Police, Pavoorchatram Police Station, Tenkasi District.

4. The Executive Officer, Arulmigu Courtala Nathar Swamy Thirukovil, Courtalam, Tenkasi District.

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

W.P(MD)No.13934 of 2021 and W.M.P.(MD)No.10881 of 2021 10.12.2021 USK (27.12.2021) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2