Madras High CourtWP(MD)/20891/2021dismissed

Sekar.R.P v. The District Collector

2021-11-24Honourable Mr Justice G.R.Swaminathan2 pages

W.P.(MD)No.20891 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.11.2021

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.20891 of 2021 R.P.Sekar ... Petitioner Vs.

1.The District Collector, Tirunelveli District, Tirunelveli.

2.The Superintendent of Police, Tirunelveli District, Tirunelveli.

3.The Inspector of Police, Tisayanvilai police station, Tirunelveli District.

4.D.Bright @ Bright Paulraj ... Respondents Prayer: Writ petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing respondents 2 and 3 to provide adequate police protection to the petitioner's life and property which is situated in Tirunelveli District, Tisayanvilai Taluk, Tisayanvilai Village, Re Survey No.324(4A) correlated to 324/4A8 and to consider the petitioner's representation dated 19.11.2021.

For Petitioner : Mr.R.M.Suresh For R-1 to R-3 : Mr.T.Senthil Kumar, Additional Public Prosecutor.

For R-4 : Mr.H.Arumugam * * *

O R D E R

Heard the learned counsel on either side.

2. The petitioner was a tenant under the fourth respondent herein. To evict the petitioner from the rented premises, the fourth respondent filed R.C.O.P.No.3 of 2009 before the Rent Controller. The R.C.O.P. was ordered on 07.09.2015. Aggrieved by the same, the petitioner filed R.C.A.No.1 of 2016 before the appellate authority. The appellate authority by order dated 05.03.2019 dismissed the R.C.A. Challenging the same, the petitioner filed C.R.P.(NPD)(MD) No.1273 of 2019. The revision petition ended in dismissal on 01.03.2021. Thereafter, the fourth respondent filed E.P. and the possession is said to have been taken today. In the meanwhile, this https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD)No.20891 of 2021 writ petition has been filed for directing respondents 1 to 3 to accord adequate police protection in favour of the petitioner.

3. The fourth respondent as the landlord has not indulged in any high-handed action. After succeeding in the rent control proceedings, he has taken the possession in a due process of law. The R.C.O.P. was filed way back in the year 2009. We are now in 2021. Therefore, the very filing of this writ petition is misconceived. No relief can be granted.

4. This writ petition stands dismissed. No costs. Sd/- Assistant Registrar (CS-III) // True Copy // / /2021 Sub Assistant Registrar(CS) PMU 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 District Collector, Tirunelveli District, Tirunelveli.

2.The Superintendent of Police, Tirunelveli District, Tirunelveli.

3.The Inspector of Police, Tisayanvilai police station, Tirunelveli District.

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

+1 CC to M/s.H. ARUMUGAM, Advocate ( SR-35937[F] dated 25/11/2021 ) W.P.(MD)No.20891 of 2021 24.11.2021 TSK(CO) GC(08.12.2021) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2