Madras High CourtWP(MD)/22881/2021disposed of

Venkatachalapathy G v. The Superintendent Of Police

2022-01-21Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.01.2022

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN WP.(MD)No.22881 of 2021 and WMP(MD)No.19358 of 2021 G.Venkatachalapathy ... Petitioner Vs.

1.The Superintendent of Police, Office of the Superintendent of Police, Dindigul,Dindigul District.

2.The Deputy Superintendent of Police, Palani, Dindigul District.

3.The Inspector of Police, Palani Adivaram Police Station, Palani, Dindigul District.

4.Sri Shanmugaseva Sangam Nattar Trust, Rep.by its Secretary, 84/1, Adivaram Giri Street, Palani, Dindigul District.

... 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 police protection based on the representation of the petitioner dated 22.11.2021 and in light of the order passed in I.A No.464 of 2013 in O.S No.310 of 2013 dated 29.10.2013 on the file of the Sub Court, Palani, Dindigul District. For Petitioner : Mr.N.Mohan for Mr.RamsundarVijayaraj For Respondents : Mr.Sakthikumar, Government Advocate for R1 to R3 Mr.G.Prabhu Rajadurai for Mr.J.Anandakumar for R4

ORDER

Heard the learned counsel on either side.

2.It is seen that a civil litigation is going on between the parties. Therefore, it may not be appropriate for the writ court to invoke its jurisdiction. If the petitioner is having any https://hcservices.ecourts.gov.in/hcservices/ 1/2

enforceable order from the civil court, the petitioner can always move the concerned civil court for its enforcement. A civil litigation cannot spill over to the writ court. Leaving open the rights of the parties, this writ petition is disposed of. I have not gone into the merits of the matter. It is also seen that the suit was filed by the petitioner as early as in the year 2013. It is also stated that a direction for disposal has also been given. Hence, the learned Sub Judge, Palani is directed to dispose of O.S No.310 of 2013 on merits and in accordance with law with in a period of four months from the date of receipt of copy of this order. Connected miscellaneous petition is closed.

Sd/- Assistant Registrar (CS I) // True Copy // / /2022 Sub Assistant Registrar(CS) skm 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, Dindigul District.

2.The Deputy Superintendent of Police, Palani, Dindigul District.

3.The Inspector of Police, Palani Adivaram Police Station, Palani, Dindigul District.

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

+4 CC to M/s.J.ANANDKUMAR, Advocate ( SR-2272[F] dated 24/01/2022 ) WP.(MD)No.22881 of 2021 and WMP(MD)No.19358 of 2021 21.01.2022 MGJ(11.02.2022) 2P 9C https://hcservices.ecourts.gov.in/hcservices/ 2/2