V.Krishna Thevar v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.02.2022
CORAM
THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN V.Krishna Thevar .. Petitioner Vs.
1.The District Collector, Ramanathapuram District, Ramnad - 623 503.
2.The Inspector General of Police, South Zone, Race Course Road, Madurai - 625 002.
3.The Superintendent of Police, Ramanathapuram District, Ramnad - 623 503.
4.The Deputy Superintendent of Police, Kamuthi Camp, Ramanathapuram District - 623 604.
5.The Inspector of Police, Perunaazhi Police Station, Perunaazhi, Kamuthi Taluk, Ramanathapuram District - 623 115.
6.S.Murugan 7.L.Villayutham 8.M.Mani .. Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus directing the respondents 1 to 5 to give police protection to the petitioner by hindering them against their criminal trespass into the petitioner's property and to register FIR against the respondents 6 to 8 as per his representation dated.06.05.2019. 1/3
For Petitioner : No appearance For Respondents 1 to 5 : Mr.S.Ravi Addl. Public Prosecutor.
For Respondents 6 to 8 : No appearance
ORDER
This writ petition is filed seeking a mandamus to direct the respondent police to give police protection in view of the threat based by the petitioner in the hands of the respondents 6 to 8. 2.The learned Additional Public Prosecutor appearing for the respondents 1 to 5 states that regarding the land dispute, a complaint and counter complaint have been received by the respondent police and the same were registered in C.S.R.Nos.53 of 2019 and 63 of 2019. After enquiry, since the matter is pertaining to a civil dispute, the parties were instructed to approach the competent civil Court to settle the dispute over the title and possession and there is no other criminal offence found made out in the complaints. Hence, no action is taken against either party. 3.
This Court finds that since the matter is purely a civil dispute, the parties have to settle the dispute over the title and possession only before the civil Court and the police station is not a competent place. In view of the above said fact, the prayer sought for in the writ petition is not maintainable. Accordingly, this writ petition is dismissed. No costs.
Sd/- Assistant Registrar (AD-I) // True Copy // / /2022 Sub Assistant Registrar(CS) smn 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.
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To 1.The District Collector, Ramanathapuram District, Ramnad - 623 503.
2.The Inspector General of Police, South Zone, Race Course Road, Madurai - 625 002.
3.The Superintendent of Police, Ramanathapuram District, Ramnad - 623 503.
4.The Deputy Superintendent of Police, Kamuthi Camp, Ramanathapuram District - 623 604.
5.The Inspector of Police, Perunaazhi Police Station, Perunaazhi, Kamuthi Taluk, Ramanathapuram District - 623 115.
6.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
03.02.2022 RK(18/02/2022) 3P 7C 3/3