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Madras High CourtWP(MD)/20594/2024disposed of

Sheik Abdul Khadar. A v. The Superintendent Of Police

2024-08-30Honourable Mr Justice K.Murali Shankar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 30.08.2024 CORAM :

THE HONOURABLE MR.JUSTICE K.MURALI SHANKAR W.P.(MD)No.20594 of 2024 A.Sheik Abdul Khadar

...Petitioner

Vs.

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

2.The Inspector of Police, Karaikudi North Police Station, Pudukottai District.

3.A.Abdul Ajees ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, to direct the second respondent to give a adequate police protection for the construction of the wall in petitioner's property situated at Plot No.3 in Block 4, old T.S.No.415/82, New T.S.No.770 and Patta No.2019 in New street, Meenashipuram, Karaikudi town, Sivagangai District on the basis of his complaint dated 03.06.2024 in accordance with law. 1/4

For Petitioner : Mr.N.Kamesh For R1 & R2 : Mr.E.Antony Sahaya Prabahar Additional Public Prosecutor

ORDER

The Writ Petition has been filed, invoking Article 226 of the Constitution of India, seeking orders to direct the second respondent to give adequate police protection for the construction of the wall in writ petitioner's property situated at Plot No.3 in Block 4, old T.S.No.415/82, New T.S.No.770 and Patta No.2019 in New street, Meenashipuram, Karaikudi town, Sivagangai District on the basis of his complaint dated 03.06.2024 in accordance with law.

2. When the matter is taken up for hearing today, the learned counsel appearing for the writ petitioner would submit that the writ petitioner and the third respondent are brothers and they have entered into a partition deed and since the writ petitioner has been attempting to raise a wall in his property, the third respondent has been obstructing the same and that therefore, the writ petitioner was constrained to lodge a complaint seeking police protection.

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3. Considering the above, the second respondent is directed to issue notice to the writ petitioner as well as to the private respondent and conduct an enquiry and then pass orders within a period of two weeks from the date of receipt of a copy of this order.

4. With the above directions, the Writ Petition stands disposed of. No costs.

30.08.2024 NCC :Yes/No Index :Yes/No Internet : Yes/ No csm To 1.The Superintendent of Police, Sivagangai, Sivagangai District.

2.The Inspector of Police, Karaikudi North Police Station, Pudukottai District.

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

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K.MURALI SHANKAR, J csm Order made in W.P.(MD)No.20594 of 2024 Dated : 30.08.2024 4/4