Thillaivanam vs The Superintendent Of Police on 3 February, 2016

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Madras High Court

Thillaivanam vs The Superintendent Of Police on 3 February, 2016

Bench: P.N.Prakash

        

 

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT               

DATED: 03.02.2016  

CORAM   

THE HON'BLE MR.JUSTICE P.N.PRAKASH         
                                                                        
W.P.(MD) No.1988 of 2016  

Thillaivanam                    ... Petitioner

                                        -vs-

1.      The Superintendent of Police,
        Ramanathapuram,   
        Ramanathapuram District. 

2.      The Inspector of Police,
        Thangachimadam Police Station,  
        Rameshwaram, Ramanathapuram District.   .. Respondents         

Prayer: Writ Petition filed under Article 226 of the Constitution of India
for issuance of a writ of Mandamus, directing the respondents to give police
protection to the life and limb of the petitioner and his property in Survey
No.544/42B, situated at Thangachimadam, Rameshwaram, Ramanathpuram District,      
based on the petitioner's representation dated 19.01.2016.

!For Petitioner:        Mr.J.Senthil Kumar
For Respondents:        Mr.D.Muruganandam,   
                                                Addl. Govt. Pleader

:ORDER

This writ petition has been filed, seeking a direction to the respondents to give police protection to the life and limb of the petitioner and his property in Survey No.544/42B, situated at Thangachimadam, Rameshwaram, Ramanathpuram District, based on the petitioner's representation dated 19.01.2016.

2. It is seen that the petitioner has sent a representation by post. It is also seen that there is a civil dispute pending between the petitioner and one Nagarajan and Ramanathan. Under such circumstances, this Court cannot issue mandamus, directing the Police to give protection, where civil rights of the parties are involved, as it is for the Civil Court to decide the matter. However, if the petitioner lodges any complaint and if it discloses any cognizable offence, respondent police is directed to enquire into the same and take action against the accused persons in accordance with law.

3. With the above direction, this Writ Petition is disposed of.

1. The Superintendent of Police, Ramanathapuram, Ramanathapuram District.

2. The Inspector of Police, Thangachimadam Police Station, Rameshwaram, Ramanathapuram District.

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

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