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Madras High CourtWP(MD)/19058/2020dismissed

Jayamari v. The Superintendent Of Police

2022-02-10Honourable Mr Justice N. Sathish Kumar2 pages

W.P.(MD)No.19058 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 10.02.2022 CORAM :

THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR W.P.(MD)No.19058 of 2020 Jayamari

...Petitioner

Vs.

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

2.The Deputy Superintendent of Police, Paramakudi, Ramanathapuram District.

3.The Inspector of Police, Emaneswaram Police Station, Ramanathapuram District.

4.Malaisamy

...Respondents No. 1 to 4

PRAYER: Writ Petition filed under Article 226 of the Constitution of India to issue Writ of Mandamus, directing the third respondent herein to adequate police protection to remove the bunching in the petitioner house based on the petitioner's representation, dated 21.11.2020.

For Petitioner : No Appearance For Respondents : Mr.A.Thiruvadikumar Additional Public Prosecutor for R1 to R3

ORDER

This Writ Petition is filed seeking a direction to the third respondent herein to adequate police protection to remove the fence in the petitioner's house, based on the petitioner's representation, dated 21.11.2020.

2.When the matter was taken up for hearing, there is no appearance on behalf of the petitioner.

3.The learned counsel for the private respondent submitted that the assignment which was relied by the petitioner itself, was now cancelled and it is challenged by a writ petition in W.P.(MD)No.3394 of 2017 pending before this Court.

https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD)No.19058 of 2020 4.As the entire dispute appears to be, with regard to the title to the property, the learned Additional Public Prosecutor would submit that as per the allotment in favour of the petitioner, she has put up a construction and residing there. 5.In this view of the matter, if at all the petitioner's right is to be established, the same has to be done as per law in the civil Court not by way of a writ petition.

6.Accordingly, the Writ Petition is dismissed. Sd/- Assistant Registrar (T&P) // 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 Superintendent of Police, Ramanathapuram, Ramanathapuram District.

2.The Deputy Superintendent of Police, Paramakudi, Ramanathapuram District.

3.The Inspector of Police, Emaneswaram Police Station, Ramanathapuram District.

4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. +1 CC to M/s.R.SUBRAMANIAN, Advocate ( SR-5515[F] dated 11/02/2022 ) W.P.(MD)No.19058 of 2020 10.02.2022 KS(CO) GC(25.02.2022) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2