Raman.V v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:08.09.2023

CORAM

THE HON'BLE DR.JUSTICE D.NAGARJUN W.P.(MD)No.21735 of 2023 V.Raman ... Petitioner Vs.

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

2.The Deputy Superintendent of Police, Thiruvadanai Circle, Ramanathapuram District.

3.The Inspector of Police, Thiruvadanai Police Station, Ramanathapuram District.

4.Natarajan ... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents 1 to 3 to provide adequate permanent Police protection to the petitioner and his family members with regard to enjoyment and cultivation of his lands situated at Arivithi Village, Kookudi Post, Thiruvadanai Taluk, Ramanathapuram District and to take action against the fourth 1/5

respondent for issuing bit notices restraining the Village Residents from helping for the cultivation of the petitioner's lands by considering his representation dated 25.08.2023 within the time stipulated by this Court. For Petitioner : Ms.R.Karthika for M/s.Right Law Associates For Respondents : Mr.B.Thanga Aravindh Government Advocate (crl.side)

O R D E R

This Writ Petition is filed seeking for a direction to the respondents Police to provide adequate police protection to the petitioner and family members in respect of enjoyment and cultivation.

2. According to the learned counsel appearing for the petitioner, there are disputes between the petitioner and the respondent No.4 and the respondent No.4 has filed O.S.No.27 of 2013, on the file of the Sub Court, Ramanathapuram and the said case is still pending. It is submitted that the fourth respondent is making an attempt to enter into the petitioner's property and to cultivate the crops, during the pendency of the civil litigation and thereby, he sought for suitable directions. 2/5

3. The learned Government Advocate (Criminal side) appearing for the respondents Police submits that the representation of the petitioner is registered as C.S.R.No.258 of 2023 and the petitioner has not cooperated for the enquiry and thereby, the enquiry is still pending.

4. The dispute between the petitioner and the respondent No.4 is purely civil in nature and the same is seized by the civil Court in O.S.No.27 of 2013. On going through the affidavit, it reveals that the petitioner has not made out any case that the fourth respondent has committed any offence or attempted to be committed an offence. Even if there is any interest over the property, that will not be entitled the petitioner seeking for a direction to the respondents Police to provide police protection.

5. In view of the above, this Writ Petition is disposed of directing the respondents Police to consider the representation and dispose of the same as quickly as possible not later than two weeks from the date of receipt of a copy of this order. However, it is needless to say that when 3/5

there is a civil dispute between the parties, the Police have no role to play and thereby, shall advise the parties to approach the civil Court accordingly. There shall be no order as to costs. 08.09.2023 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No ssb To 1.The Superintendent of Police, Ramanathapuram, Ramanathapuram District.

2.The Deputy Superintendent of Police, Thiruvadanai Circle, Ramanathapuram District.

3.The Inspector of Police, Thiruvadanai Police Station, Ramanathapuram District.

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

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DR.D.NAGARJUN,J ssb W.P.(MD)No.21735 of 2023 Dated:08.09.2023 5/5