Manikannan.T v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 15.11.2022 CORAM :

THE HON'BLE MR.JUSTICE SATHI KUMAR SUKUMARA KURUP T.Manikannan

...Petitioner

Vs.

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

2.The Inspector of Police, Watrap Police Station, Virudhunagar District.

3.Neerkarthalingam

...Respondents

PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus directing the first and second Respondents to provide an adequate police protection to fence the property in Survey No.1576/30 with an extent of 3346.1875 square feet situated W.Pudupatti Village, Srivilliputhur Taluk, Virudhunagar District on the basis of the Petitioner's representation, dated 19.09.2022 within the stipulated period fixed by this Court. For Petitioner : Mr.K.Anbumanikandan For R1 - R2 : Mr.R.Meenakshi Sundaram Additional Public Prosecutor 1/4

O R D E R

This Writ Petition had been filed seeking issuance of a Writ of Mandamus to direct the first and second Respondents to provide an adequate police protection to fence the property in Survey No.1576/30 with an extent of 3346.1875 square feet situated at W.Pudupatti Village, Srivilliputhur Taluk, Virudhunagar District on the basis of the Petitioner's representation, dated 19.09.2022 within the stipulated period fixed by this Court.

2.The learned Additional Public Prosecutor submitted that the based on the complaint given by the Petitioner, F.I.R had been registered against the third respondent for the offences under Sections 447, 427, 294(b), 506(i) of IPC and charge sheet had also been laid before the Jurisdictional Magistrate concerned.

3.Considering the averments made in the petition, it is found that under Article 226 of the Constitution of India, this Court cannot direct the first and second Respondents to provide police protection. The subject matter of the dispute is to be agitated before the civil Court. This Court exercising the powers under Article 226 of the Constitution of 2/4

India, cannot pass direction to the first and second Respondents. The Petitioner is directed to approach the civil Court and obtain an appropriate orders.

4.In the light of the above, this Writ Petition stands disposed of. No costs.

15.11.2022 Index :Yes/No vsd To 1.The Superintendent of Police, Office of the Superintendent of Police, Virudhunagar District.

2.The Inspector of Police, Watrap Police Station, Virudhunagar District.

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

3/4

SATHI KUMAR SUKUMARA KURUP, J.

vsd 15.11.2022 4/4