Madras High CourtWP(MD)/21942/2016dismissed

Savariayee, v. The District Collector

2021-04-20Honourable Mr Justice B.Pugalendhi2 pages

WP(MD)No.21942 of 2016 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 20.04.2021

CORAM:

THE HONOURABLE MR.JUSTICE B.PUGALENDHI WP(MD)No.21942 of 2016 Savariayee : Petitioner Vs.

1.The District Collector, Ramanathapuram District.

2.The Superintendent of Police, Ramanathapuram District.

3.The District Social Welfare Officer, Ramanathapuram District.

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

5.Arulanthu : Respondents PRAYER: Petition filed under Article 226 of the Constitution of India seeking issuance of a Writ of Mandamus directing the respondents 1 & 2 to protect the life and properties of the petitioner in Re.Sy.Nos.101/12B, 100/A, 139/8B, 173/3 of Arasathoor Village, Re.Sy.Nos.32/3, 32/6, 31/4D4, 34/4A, 58/1A, 58/1B, 58/1C of Senthani Village and Re.Sy.Nos.253/2B, 233/1, 287/13B, 287/18, 250/1, 251/5 Nagarikathan Village at Thiruvadanai Taluk, Ramanathapuram District.

For Petitioner : No appearance For Respondents : Mr.R.Anandharaj, Additional Public Prosecutor for R.1 to R.4 Mr.M.P.Senthil for R.5 *****

ORDER

This writ petition is filed by the petitioner for a mandamus directing the respondents 1 & 2 to protect the life and properties of the petitioner in Re.Sy.Nos.101/12B, 100/A, 139/8B, 173/3 of Arasathoor Village, Re.Sy.Nos.32/3, 32/6, 31/4D4, 34/4A, 58/1A, 58/1B, 58/1C of Senthani Village and Re.Sy.Nos.253/2B, 233/1, 287/13B, 287/18, 250/1, 251/5 Nagarikathan Village at Thiruvadanai Taluk, Ramanathapuram District.

2. There is no representation on behalf of the petitioner. https://hcservices.ecourts.gov.in/hcservices/ 1/2

WP(MD)No.21942 of 2016

3. Mr.R.Anandharaj, learned Additional Public Prosecutor appearing for the official respondents, on instructions, would submit that the petitioner has made a representation on 18.07.2016, based on which, the parties were enquired by the fourth respondent Police. During the course of enquiry, the petitioner submitted that there is a dispute between the petitioner and the private respondent and that she would work out her remedy before the competent civil Court. The learned Additional Public Prosecutor has also submitted a copy of the statement received from the petitioner.

4. Mr.M.P.Senthil, learned Counsel appearing for the fifth respondent would submit that the petitioner has already filed a suit before the District Munsif Court, Thiruvadanai, in O.S.No.93 of 2013, for declaration and injunction. By suppressing the suit filed in O.S.No.93 of 2013, the petitioner has filed the present writ petition seeking police protection. He would further submit that the said suit was also dismissed by the learned District Munsif on 31.08.2020.

5. In such view of the matter, recording the submissions made by the learned Counsel appearing for the respondents, this writ petition stands dismissed. However, there shall be no order as to costs.

Sd/- Assistant Registrar (AS) // True Copy // / /2021 Sub Assistant Registrar(CS) To 1.The District Collector, Ramanathapuram District.

2.The Superintendent of Police, Ramanathapuram District.

3.The District Social Welfare Officer, Ramanathapuram District.

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

+1 CC to M/s.M.P.SENTHIL, Advocate ( SR-16836[F] dated 21/04/2021 ) WP(MD)No.21942 of 2016 https://hcservices.ecourts.gov.in/hcservices/ RK(11.05.2021) 2P 6C 2/2