Natesan v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 02.08.2023

CORAM

THE HONOURABLE DR.JUSTICE D.NAGARJUN Natesan ... Petitioner /vs./ 1.The Superintendent of Police, Karur District, Karur.

2.The Deputy Superintendent of Police, Karur, Karur District.

3.The Inspector of Police, Vangal Police Station, Vangal, Karur District.

4.Chinnasamy 5.Moorthi 6.Sudha ... Respondents 1/5

PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondents 1 to 3 to give necessary police protection to the petitioner to use the Popular Channel, Bund and Public pathway situated in S.No.128/1, Kuppuchipalayam Village, Manmangalam Taluk, Karur District as per the order of the Additional District Munsif Court, Karur made in I.A.No.3 of 2022 in O.S.No. 402 of 2022 dated 28.04.2023 as well as the petitioner's complaint, dated 02.06.2023.

For Petitioner : Mr.P.Santhana Krishnan For R1 to R3 : Mr.E.Antony Sahaya Prabahar Additional Public Prosecutor For R4 & R5 : Mr.Lakshmi Mahendran for Mr.P.Dhanasekaran

ORDER

This petition is filed seeking for a direction to the respondent police to give necessary police protection to the petitioner. 2.It is submitted by the learned counsel for the petitioner that he filed O.S.No.402 of 2022 and also I.A.No.3 of 2022, seeking interim injunction restraining the unofficial respondents herein from interfering with the schedule of property belonging to the petitioner and after hearing both sides, interim 2/5

injunction was granted in favour of the petitioner. It is submitted that inspite of grant of interim injunction orders, the un-official respondents are trying to interfere and disobeying the orders passed by the learned Additional District Munsif, Karur, thereby the petitioner filed an application before the respondent police, which is though numbered as C.S.R.No.270 of 2023, no action is taken. 3.The learned Additional Public Prosecutor on the other hand submits that basing on the representation given by the petitioner in C.S.R No.270 of 2023, an enquiry was conducted and was closed on 25.06.2023, as unofficial respondent Nos.4 to 6 have given written undertaking that they will not violate the injunction order passed in O.S.No.402 of 2022.

4.Since the unofficial respondent Nos.4 to 6 have given an undertaking that they will not violate the injunction order, no further orders required to be passed in this case. In case if the unofficial respondent Nos.4 to 6 again violate the injunction order, the petitioner is at liberty to approach the respondent police, on which the police are directed to provide police protection to the petitioner. 3/5

5.With the above directions, this Petition is disposed of. No costs. Speaking : Yes / No 02.08.2023 NCC : Yes / No Internet : Yes / No Index : Yes / No mm To 1.The Superintendent of Police, Karur District, Karur.

2.The Deputy Superintendent of Police, Karur, Karur District.

3.The Inspector of Police, Vangal Police Station, Vangal, Karur District.

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DR.D.NAGARJUN, J.

mm 02.08.2023 5/5