Madras High CourtWP(MD)/14812/2021dismissed

Ajay v. The Superintendent Of Police

2021-11-26Honourable Mr Justice G.R.Swaminathan2 pages

1 W.P.(MD)NO.14812 OF 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26.11.2021

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.14812 of 2021 and W.M.P.(MD)No.11713 of 2021 Ajay ... Petitioner Vs.

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

2. The Inspector of Police, Bazaar police station, Ramanathapuram, Ramanathapuram District.

3. Manoharan

4. Vijaya Nirmala

5. The Tahsildar, Ramanathapuram, Ramanathapuram District.

( R-5 is impleaded vide Order dated 30.09.2021 in W.M.P.(MD)No.13428 of 2021) ... Respondents Prayer: Writ petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing respondents 1 and 2 to provide adequate police protection for surveying the property bearing G.R.S.No.325/1080 measuring to an extent of 1357 3⁄4 sq.ft situated at Old Ward No.3, New Ward No.16, Muniyasamy Kovil Therkku Street, Ramanathapuram Town Municipal Limit, Ramanathapuram District, by considering the petitioner's representation dated 22.07.2021 forthwith.

For Petitioner : Mr.J.Sankara Pandian For R-1 & R-2 : Mr.T.Senthil Kumar, Additional Public Prosecutor.

For R-3 & R-4 : Mr.R.Senthilkumar

O R D E R

Heard the learned counsel on either side.

2. This writ petition has been filed for directing the respondent police to accord adequate police protection to the petitioner for surveying the petition mentioned property. https://hcservices.ecourts.gov.in/hcservices/ 1/2

2 W.P.(MD)NO.14812 OF 2021

3. I posed a question to the learned counsel appearing for the petitioner as to whether the petitioner has obtained any enforceable order from the civil Court. The petitioner's counsel replied that suits were filed by the father of the contesting respondents and that they ended against them. That may be so. The fact remains that the petitioner is not having any enforceable order from the jurisdictional civil Court in his favour. Therefore, I am not in a position to grant the relief of police protection.

4. Leaving open the rights and remedies of the petitioner, this writ petition stands dismissed. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar (CS-III) // True Copy // / /2021 Sub Assistant Registrar(CS) PMU 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, Ramanathapuram District, Ramanathapuram.

2. The Inspector of Police, Bazaar police station, Ramanathapuram, Ramanathapuram District.

3. The Tahsildar, Ramanathapuram, Ramanathapuram District.

4. The Additional Public prosecutor, Madurai Bench of Madras High Court, Madurai +1 CC to M/s.R. SENTHILKUMAR, Advocate ( SR-36544[F] dated 30/11/2021 ) W.P.(MD)No.14812 of 2021 26.11.2021 NSN(CO) KB(09.12.2021) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2