Madras High CourtWP(MD)/141/2018dismissed

A.Muruganantham v. The Superintendent Of Police

2019-09-13Honourable Mr Justice G.K. Ilanthiraiyan2 pages

W.P.(MD)No.141 of 2018 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 13.09.2019

CORAM:

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN W.P.(MD)No.141 of 2018 A.Muruganantham ... Petitioner Vs.

1.The Superintendent of Police, Office of the Superintendent of Police, Dindigul District.

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

3.Raman 4.Arumugam ... 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 second respondent to give police protection for fencing the petitioner's properties situated in Dindigul District, Thottanoothu Village in Survey Nos. 723/1, 723/2, 724/2 and 724/3 based on his representation dated 14.12.2017. For Petitioner : Mr.S.Karthick Subramanian For R-1 & R-2 : Mr.R.Anandharaj Additional Public Prosecutor For R-3 & R-4 : Mr.P.Banuprasath

O R D E R

This Writ Petition has been filed seeking a direction to the second respondent Police to give police protection to the petitioner's properties.

2.Today, when the matter is taken up for hearing, the learned Additional Public Prosecutor appearing for the respondents 1 and 2, on instructions, submitted that based on a complaint given by the petitioner dated 14.12.2017, to the second respondent herein, https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD)No.141 of 2018 the enquiry has been conducted by the second respondent Police. The enquiry found that it was a civil dispute pending between the petitioner and the respondents 3 and 4 herein and thereafter, the second respondent Police closed the complaint as civil in nature. 3.At that point of time, the learned counsel appearing for the respondents 3 and 4 would submit that already there is a civil suit is pending in respect of the very same properties comprised in Survey Nos. 723/1, 723/2, 724/2 and 724/3.

4.Considering the facts and circumstances of the case and also considering the fact that the complaint has been closed, at this stage, the prayer sought for by the petitioner cannot be granted.

5.The Writ Petition stands dismissed accordingly. No costs.

Sd/- Assistant Registrar (CS-III) // True Copy // Sub Assistant Registrar To 1.The Superintendent of Police, Office of the Superintendent of Police, Dindigul District.

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

+1 CC to M/s.K.SEEMARAJ, Advocate ( SR-86692[F] dated 13/09/2019 Order made in W.P.(MD)No.141 of 2018 Dated: 13.09.2019 TSG MS/30.09.2019/2P.4C https://hcservices.ecourts.gov.in/hcservices/ 2/2