Vincent Albert v. The Superintendent Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATE : 24.09.2024 CORAM :
THE HONOURABLE MR.JUSTICE K.MURALI SHANKAR Vincent Albert : Petitioner Vs.
1.The Superintendent of Police, Thanjavur, Thanjavur District.
2.The Deputy Superintendent of Police, Vallam Sub Division, Thanjavur District.
3.The Inspector of Police, Taluk Police Station, Keexhavasal, Thanjavur District.
: Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents to grant police protection to the petitioner's life and limb and the petitioner's life and limb and the petitioner's property in S.No.23, now sub divided as S.No.23/1A1A1A situated at Vilar Village, Thanjavur Taluk, Thanjavur District to an extent of 12,600 square feet measuring north south 60 feet and east west 210 feet in the light of the decree passed in O.S.No.331 of 2008 on 1/5
the file of the Principal District Munsif Court, Thanjavur, dated 31.08.2021 and O.S.No.2 of 2022 on the file of the Additional Subordinate Court, Thanjavur, dated 05.07.2024.
For Petitioner : Mr.Jeyaram Sidharath, For Respondents : Mr.E.Antony Sahaya Prabahar, Additional Public Prosecutor, for R1 & R2.
O R D E R
The writ petition has been filed seeking orders to direct the respondents to grant police protection to the petitioner's life and limb and the petitioner's life and limb and the petitioner's property in S.No.23, now sub divided as S.No.23/1A1A1A situated at Vilar Village, Thanjavur Taluk, Thanjavur District to an extent of 12,600 square feet measuring north south 60 feet and east west 210 feet in the light of the decree passed in O.S.No.331 of 2008 on the file of the Principal District Munsif Court, Thanjavur, dated 31.08.2021 and O.S.No.2 of 2022 on the file of the Additional Subordinate Court, Thanjavur, dated 05.07.2024.
2. When the matter is taken up for hearing today (i.e.,24.09.2024), the learned Additional Public Prosecutor appearing for the State would submit 2/5
that the respondents 2 and 3 have not received any representation from the petitioner sofar.
3. But the learned counsel for the petitioner would submit that he has sent the representation to the respondents 2 and 3 through registered post and he has also enclosed the Acknowledgement Card. He would further submit that the petitioner has already filed a suit in O.S.No.331 of 2008 against one Pitchai Ahamad and ten others and obtained decree for permanent injunction; that subsequently, one Aravindan has purchased the property from the defendants in the suit in O.S.No.331 of 2008 and he has filed a suit for declaration and injunction in O.S.No.2 of 2022 and the same came to be dismissed.
4. Recording the same, the petitioner is directed to give fresh representation to the third respondent and on receipt of such representation, the third respondent is directed to consider the petitioner's representation by taking note of the decree passed by the competent civil Court and take a decision within a period of one week from the date of receipt of representation from the petitioner.
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5. With the above direction, the Writ Petition is disposed of. No costs. 24.09.2024 NCC :Yes/No Index :Yes/No Internet : Yes/ No das To 1.The Superintendent of Police, Thanjavur, Thanjavur District.
2.The Deputy Superintendent of Police, Vallam Sub Division, Thanjavur District.
3.The Inspector of Police, Taluk Police Station, Keexhavasal, Thanjavur District.
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K.MURALI SHANKAR, J DAS Order made in Dated :24.09.2024 5/5