S.Thiyagarajan (59 Yrs) v. The Superintendent Of Police,

W.P.(MD).Nos.11700 and 11701 of 2016 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 12.03.2020

CORAM:

THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN W.P.(MD).Nos.11700 and 11701 of 2016 and W.M.P.(MD).No.11025 and 11031 of 2016 S.Thiyagarajan ... Petitioner in W.P.(MD).No.11700 of 2016 S.Anandan ... Petitioner in W.P.(MD).No.11701 of 2016 Vs.

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

2.The Deputy Superintendent of Police, Srivilliputtur, Virudhunagar District.

3.The Inspector of Police, Krishnankovil Police Station, Virudhunagar District. ... Respondents in both W.Ps. COMMON PRAYER: Writ Petitions filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the third respondent to provide adequate police protection to the petitioner to enjoy the properties situated in Ayan Punja Survey Numbers 439/1, 439/2A, 438/3, 438/4, 448/2, 449/3, 449/3B, 449/4 and a well situated in it in the Sundarapandiyam Village, Srivilliputtur Taluk, Virudhunagar District.

For Petitioner : Mr.R.Anand For Respondents: Mr.K.Suyambulinga Bharathi Government Advocate (Crl. Side) COMMON ORDER These petitions have been filed seeking mandamus to direct the third respondent to provide adequate police protection to the petitioner to enjoy the properties situated in Ayan Punja Survey Numbers 439/1, 439/2A, 438/3, 438/4, 448/2, 449/3, 449/3B, 449/4 and a well situated in it in the Sundarapandiyam Village, Srivilliputtur Taluk, Virudhunagar District.

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W.P.(MD).Nos.11700 and 11701 of 2016 2.According to the petitioners, the petitioners' father executed a settlement deed on 30.08.2013 in respect of the subject property. Later, there was a title dispute between him and his brother leading to file a civil suit before the Principal District Munsif Court, Srivilliputhur, for declaration and permanent injunction. The said suit O.S.No.108 of 2014 was decreed in favour of the petitioners and thereafter, these petitions have been filed wherein the petitioners seek police protection to the petitioners and subject property. Since the police has not shown interest in providing protection, these petitions have been filed. 3.On reading of the affidavit it indicates that it is civil dispute pending between the brothers.

The petitioners herein have given a complaint to the Police against their brother regarding 93 cents of land. On 05.03.2015 the police has enquired both the parties. The sparing parties have given in writing that they will work out their remedy through civil Court. Recording the same, the police has closed the complaint as civil dispute. 4.In the light of the above facts and circumstances of the case, nothing survives for further adjudication in these petitions. Hence, the Writ Petitions are dismissed. No costs. Consequently, connected W.M.P.(MD).No.11025 and 11031 of 2016 are closed. Sd/- Assistant Registrar (AD-II) // True Copy // / /2020 Sub Assistant Registrar To 1.The Superintendent of Police, Virudhunagar District, Virudhunagar.

2.The Deputy Superintendent of Police, Srivilliputtur, Virudhunagar District.

3.The Inspector of Police, Krishnankovil Police Station, Virudhunagar District.

4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. +1 CC to M/s.G.RAJAN, Advocate ( SR-11561[F] dated 13/03/2020 ) W.P.(MD).Nos.11700 and 11701 of 2016 and W.M.P.(MD).No.11025 and 11031 of 2016 12.03.2020 VSG MS/12.05.2020/2P.6C https://hcservices.ecourts.gov.in/hcservices/ 2/2