Thendapani v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.07.2023

CORAM

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

2.The Inspector of Police, Kannivadi Police Station, Dindigul District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondents to consider the representation dated 12.07.2023 before passing order of direct the respondents to give necessary police protection for the life and liberty. For Petitioner : Mr.B.Azhagesh For Respondents : Mr.B.Thanga Aravindh Government Advocate (Crl.side) 1/5

ORDER

This petition is filed seeking for a direction to the respondent poilce to consider the representation of the petitioner dated 12.07.2023. 2.It is submitted by the learned counsel for the petitioner that he has been the owner and possessor of the land situated in S.Nos.192/1 and 192/2 at Thethupatti Village, Dindigul District and the patta stands in his name. It is submitted that the petitioner's brother, by name Krishnan @ Krishnasamy has filed a suit O.S.No.510 of 2014 on the file of the Additional Principal District Munsif Court, Dindigul against the petitioner and his sons seeking permanent injunction. After the full-fledged trial, the said suit stated to have been dismissed. It is further submitted that the petitioner has filed a suit in O.S.No.

615 of 1988 against his brother, by name Krishnan @ Krishnasamy seeking for declaration and the said suit was decreed on 31.01.1994 and the appeal filed aggrieved by the same in A.S.No.452 of 2004 was also dismissed on 23.07.2014. It is further submitted that the petitioner's brother is no more and his legal representatives have been trying to interfere with the possession of the petitioner over the land belonging to the petitioner.

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3.The learned Government Advocate (Crl.side) on the other hand submits that basing on the representation dated 12.07.2023 of the petitioner, CSR.No.375 of 2023 dated 21.05.2023 was given and notices were also given to both sides, on which both of them appeared and gave an undertaking before the police that they will approach the appropriate civil Court for redressal of their grievances in respect of the landed property. By recording the same, the said representation was closed.

4.Since the representation of the petitioner dated 12.07.2023 was closed by the respondent police after conducting enquiry, no further orders can be passed in this petition. Accordingly, this Petition is dismissed. No costs. Speaking : Yes / No 20.07.2023 NCC : Yes / No Internet : Yes / No Index : Yes / No mm 3/5

To 1.The Superintendent of Police, Dindigul District, Dindigul.

2.The Inspector of Police, Kannivadi Police Station, Dindigul District.

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

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DR.D.NAGARJUN, J.

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