Mariya Joseph v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.10.2023 CORAM :

THE HONOURABLE MR.JUSTICE G.ILANGOVAN Mariya Joseph ... Petitioner Vs.

1.The Superintendent of Police, Pudukottai District.

2.The Inspector of Police, Vadakadu Police Station, Pudukottai District.

3.The Tahsildar, Alangudi Taluk, Pudukottai District.

4.Edward.

.. Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, restraining the respondents 1 and 2 from providing police protection to the 3rd respondent for demarcation of the property in S.No. 476/10, 476/11, situated at Keelathur Village, Alangudi Taluk, Pudukottai District, by considering the representation of the petitioner, dated 03.10.2023 and 1/4

05.10.2023.

For Petitioner : Mr.R.Maheswaran For Respondents : Mr.R.M.Anbunithi Additional Public Prosecutor

O R D E R

This writ petitioner filed this Writ Petition for issuance of Writ of Mandamus, restraining the respondents 1 and 2 from providing police protection to the 3rd respondent for demarcation of the property in S.No. 476/10, 476/11, situated at Keelathur Village, Alangudi Taluk, Pudukottai District, by considering the representation of the petitioner, dated 03.10.2023 and 05.10.2023.

2. Mr.R.M.Anbunithi, learned Additional Public Prosecutor takes notice for the respondents.

3.Heard both sides.

4.The learned counsel for the petitioner would submit that the petitioner has given representations seeking direction to restrain the respondents 1 and 2 from giving police protection to the third respondent to demarcate the petition mentioned property, on 03.10.2023 and 2/4

05.10.2023.

5.Since there is no question of granting negative mandamus, such a petition cannot be entertained. It is clear abuse of process of law. If the petitioner still aggrieves, he can workout his remedy in the pending civil proceedings itself. Therefore, let the above said representations be closed.

6.With the above said directions, this writ petition stands disposed of.

12.10.2023 NCC :Yes/No Index :Yes/No Internet : Yes/ No TM To 1.The Superintendent of Police, Pudukottai District.

2.The Inspector of Police, Vadakadu Police Station, Pudukottai District.

3.The Tahsildar, Alangudi Taluk, Pudukottai District.

3/4

G.ILANGOVAN, J TM 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

Order made in Dated : 12.10.2023 4/4