Radha Krishnan v. The District Superintendent Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 09.02.2022 CORAM :
THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR Radha Krishnan
...Petitioner
Vs.
1.The District Superintendent of Police, Sankarankovil, Thenkasi District.
2.The Inspector of Police, Kuruvikulam Police Station, Thenkasi District.
3.The Thasildar, Thiruvengadam Taluk, Thenkasi District.
4.Seeni Raj
...Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India to issue Writ of Mandamus, directing the second respondent to give adequate police protection to the life and limb of the petitioner and also his family members on the basis of the petitioner complaint, dated 14.09.2020.
For Petitioner : Mr.N.Sekar For R1 to R3 : Mr.A.Thiruvadi Kumar, Additional Public Prosecutor.
For R4 : Mr.F.X.Eugene
ORDER
This Writ Petition is filed seeking a direction to the second respondent to give adequate police protection to the life and limb of the petitioner and his family members on the basis of his complaint, dated 14.09.2020.
2.In the affidavit filed by the petitioner itself it is stated that the land in S.No.55/3, 4 and 91/9 is absolutely belonged to him and the fourth respondent has no right to dispossess the property and the revenue proceedings also in favour of the petitioner. Despite the same, the fourth respondent trespassed into the petitioner's land, damaging the boundary stone and threatening the petitioner and his family members.
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3.The learned counsel for the fourth respondent submitted that as far as the title over the properties, there is a civil suit in O.S.No.40 of 2012 pending before the District Munsif Court, Sankarankovil.
4.A dispute with regard to the title over the properties, which is admittedly pending in O.S.No.40 of 2012, this Court is of the view that the right of the petitioner over the properties to be established in a civil Court. In this view of the matter, no blanket directions can be issued to the police in general, for protection.
5. Accordingly, this Writ Petition stands dismissed. No costs.
Sd/- Assistant Registrar (AD-I) // True Copy // / /2022 Sub Assistant Registrar(CS) sji 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 District Munsif, Sankarankovil.
2.The District Superintendent of Police, Sankarankovil, Thenkasi District.
3.The Inspector of Police, Kuruvikulam Police Station, Thenkasi District.
4.The Thasildar, Thiruvengadam Taluk, Thenkasi District.
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5.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
+1 CC to M/s.F.X.EUGENE, Advocate ( SR-5392[F] dated 10/02/2022 ) +1 CC to M/s.N.SEKAR, Advocate ( SR-5615[F] dated 11/02/2022 ) 09.02.2022 NA(CO) GC(28.02.2022) 3P 8C 3/3