Thangaraj v. Deputy Superintendent Of Police

W.P.(MD)No.20075 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.11.2021

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.20075 of 2021 Thangaraj ... Petitioner -Vs1.The Deputy Superintendent of Police, Thiruchuli, Virudhunagar District.

2.The Sub Inspector of Police, Narikudi Police Station, Virudhunagar District.

3.Gandhi 4.Pothiraja ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the respondents 1 and 2 to provide police protection to his life and property in S.No.375/2 of Sethurayanenthal Village, Thiruchuli Taluk based on his complaint dated 11.10.2021 to the respondents. For Petitioner : Mr.A.Srinivasan For R1 & R2 : Mr.T.Senthil Kumar Additional Public Prosecutor

ORDER

Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor for the respondents 1 and 2.

2. The petitioner seeks providing of police protection in respect of the petition mentioned property.

3. The learned Additional Public Prosecutor, on instructions, states that over the petition mentioned property, the private respondents have also raised a claim. The claim of the private respondents may even be without any basis. But the fact remains that there is a civil dispute between the petitioner on the one hand and the private respondents on the other. If the petitioner is armed with a civil court's order or decree in his favour, he can move this Court under Article 226 of the Constitution of India for the relief of police protection. As on date, the petitioner is not having any such order. Therefore, it would not be appropriate to https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD)No.20075 of 2021 grant relief in favour of the petitioner. Leaving open the petitioner's rights and remedies, the writ petition stands dismissed. I make it clear that if the petitioner is able to obtain interim injunction from the civil court, it would be open to the petitioner to move this Court again. No costs. Sd/- Assistant Registrar (AE) // True Copy // / /2021 Sub Assistant Registrar(CS) rmi 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 Deputy Superintendent of Police, Thiruchuli, Virudhunagar District.

2.The Sub Inspector of Police, Narikudi Police Station, Virudhunagar District.

+1 CC to M/s.A.SRINIVASAN, Advocate ( SR-33881[F] dated 10/11/2021 ) W.P.(MD)No.20075 of 2021 09.11.2021 MGJ/PM(24.11.2021) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2