Madras High CourtWP(MD)/22424/2021dismissed

Ponnuchamy v. The Superintendent Of Police

2021-12-17Honourable Mr Justice G.R.Swaminathan2 pages

W.P.(MD)No.22424 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 17.12.2021

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.22424 of 2021 Ponnuchamy ... Petitioner Vs.

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

2. The Inspector of Police, Puthanatham police station, Puthanatham, Trichy District.

3. The Tahsildar, Marungapuri Taluk Office, Marungapuri, Trichy District.

4. The Taluk Surveyor, Marungapuri Taluk Office, Marungapuri, Trichy District.

5. Karuppaiah

6. Vellaichamy

7. Palanichamy

8. Rasu ... Respondents Prayer: Writ petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing respondents 1 and 2 to give necessary police protection to survey the land situated in Survey No.139/1A to the extent of 1 acre, 17 cents and Survey No.139/1B to the extent of 2 acres, 17 cents, i.e. totally 3 acres, 74 cents in Marungapuri Village, Marungapuri Taluk, Trichy District, with the help of the surveyor on the basis of the petitioner's representation dated 27.10.2021.

For Petitioner : Mr.P.Santhana Krishnan For R-1 to R-4 : Mr.M.Veeranthiran, Government Advocate.

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O R D E R

Heard the learned counsel appearing for the writ petitioner and the learned Government Advocate appearing for respondents 1 to 4. https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD)No.22424 of 2021

2. The petitioner wants this Court to direct the respondent police to grant police protection for conducting the petition mentioned survey.

3. The petitioner is not having any enforceable order or decree from the jurisdictional Court. Hence when the private disputes are involved, the question of issuing direction in the writ proceedings does not arise at all.

4. Leaving open the remedies and the rights of the petitioner, this writ petition is dismissed. No costs.

Sd/- Assistant Registrar (Records) // True Copy // / /2022 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 Superintendent of Police, Trichy District, Trichy.

2.The Inspector of Police, Puthanatham police station, Puthanatham, Trichy District.

3.The Tahsildar, Marungapuri Taluk Office, Marungapuri, Trichy District.

4.The Taluk Surveyor, Marungapuri Taluk Office, Marungapuri, Trichy District.

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

W.P.(MD)No.22424 of 2021 17.12.2021 NSN(CO) GC(11.01.2022) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2