Madras High CourtWP(MD)/22477/2019disposed of

Sajitha Muhammed v. The Superintendent Of Police

2019-10-23Honourable Mr Justice G.K. Ilanthiraiyan2 pages

W.P (MD).No. 22477 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.10.2019

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN W.P (MD).No. 22477 of 2019 Sajitha Muhammed ... Petitioner Vs.

1. The Superintendent of Police Thuckalay Kanyakumari District

2. The Inspector of Police Kaliyakavilayam Kanyakumari District

3. Abdul Kani ... Respondent Prayer : This Writ petition is filed under Article 226 of Constitution of India, to issue a Writ of Mandamus to direct the respondents 1 and 2 to render police protection to petitioner to enter the property of petitioner located in Kaliyakavilayam Village, Vilavagodhu Taluk, Kanyakumari District in Survey No.238/3, 238/4, 238/5 ad measuring to 7.5 cents based on the representation of the petitioner dated 15.7.2019 and issue appropriate directions in this regard within a specific time frame as fixed by this Honourable Court.

For Petitioner : Mr.A.Joseph Jerry For Respondents : Mr.R.Anandharaj No.1 and 2 Additional Public Prosecutor

ORDER

This Petition has been filed to direct the respondents 1 and 2 to render police protection to petitioner to enter the property of petitioner located in Kaliyakavilayam Village, Vilavagodhu Taluk, Kanyakumari District in Survey No.238/3, 238/4, 238/5 ad measuring to 7.5 cents based on the representation of the petitioner dated 15.7.2019 and issue appropriate directions in this regard.

2. It is seen that the petitioner owned a property situated in Survey No.238/3,238/4,238/5 in Kaliyakavilayam Village, Vilavagodhu Taluk, Kannyakumari District by a registered Sale document No. 1138 dated 15.04.2019. After purchasing the same, the respondent and his henchmen are restraining the petitioner to enter into the property and also causing hindrance. In this regard the https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P (MD).No. 22477 of 2019 petitioner lodged a complaint on 15.07.2019. Now on the basis of the complaint seeking police protection.

3. In view of the limited prayer sought for in this writ petition and without going into the merits of the case, there shall be a direction to the second respondent to consider the petitioner's representation dated 15.07.2019 on its own merits and take further action in accordance with law, within a period of four weeks from the date of receipt of a copy of this order. Such an exercise shall be done after conducting due enquiry and after issuing notice to the third respondent.

4. With the above direction, this writ petition is disposed of. No costs.

Sd/- Assistant Registrar (CS-III) // True Copy // Sub Assistant Registrar(CS ) To

1. The Superintendent of Police Thuckalay Kanyakumari District

2. The Inspector of Police Kaliyakavilayam Kannyakumari District

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

W.P (MD).No.22477 of 2019 23.10.2019 aav MK (06.11.2019) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2