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Madras High CourtWP(MD)/17192/2024dismissed

Rukkumani v. The Commissioner Of Police

2025-12-09Honourable Mrs Justice S.Srimathy4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09-12-2025

CORAM

THE HONOURABLE MRS JUSTICE S.SRIMATHY Rukkumani Petitioner(s) Vs

1. The Commissioner of Police Madurai City, Madurai.

2. The Inspector of Police Karimedu Police Station, Madurai City, Madurai.

3. Nagaraj Respondent(s) For Petitioner(s): Mr.R.Karunanidhi For Respondent(s): Mr.A.S.Abul Kalaam Azad, Government Advocate (crl. Side) for R-1 & R-2 Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus directing the respondents no.1 and 2 to remove the Car bearing Registration Number TN-58, T-8415 permanently which is parked on the public street by considering the petitioner's representation dated 25.06.2024 within a stipulated time that may be fixed by this Court. 1/4

ORDER

This writ petition has been filed to issue a Writ of Mandamus directing the respondents no.1 and 2 to remove the Car bearing Registration Number TN-58, T-8415 permanently which is parked on the public street by considering the petitioner's representation dated 25.06.2024 within a stipulated time that may be fixed by this Court.

2. It is submitted that there is already a dispute pending between the petitioner and the 3rd respondent, wherein the 3rd respondent had put up a wall and constructed a shed at the place where the car was parked.

3. The petitioner had already filed a writ petition in W.P.(MD) No. 10992 of 2023, and by order dated 07.09.2023, this Court directed the 3rd respondent to demolish the wall and remove the encroachment on his own.

4. The present allegation of the petitioner is that the 3rd respondent is parking his car on a common pathway used by the residents therein. 2/4

This Court is of the considered opinion that the same cannot be restrained, as parking a car or any other vehicle is not prohibited under law and falls within the civic rights of the residents. Therefore, this grievance cannot be entertained in the present writ petition.

5. Accordingly, this writ petition stands dismissed. However, the petitioner is at liberty to approach the competent Civil Court and seek appropriate relief, if so advised. No costs.

09-12-2025 KSA 3/4

To

1. The Commissioner of Police Madurai City, Madurai.

2. The Inspector of Police Karimedu Police Station, Madurai City, Madurai.

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

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