Madras High Court
P.Meena vs The District Superintendent Of Police on 13 July, 2020
Author: G.K.Ilanthiraiyan
Bench: G.K.Ilanthiraiyan
W.P.No.26058 of 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 13.07.2020
CORAM:
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN
Writ Petition No.26058 of 2019
P.Meena
S/o T.Panneer,
No.6, Pattamangalam,
Arayath Street,
Myladuthurai,
Thiruvarur District. ... Petitioner
Vs.
1.The District Superintendent of Police,
Nagapattinam District,
Nagapattinam.
2.The Inspector of Police,
Myladuthurai Town Police Station,
Myladuthurai.
3.Shanmugam
S/o Krishnan,
No.12/10 Chetty Street,
Myladurai Town,
Myladudurai,
Nagapattinam District.
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W.P.No.26058 of 2019
4.Vinayagam
S/o Shanmugam,
No.12/10, Chetty Street,
Myladurai Town,
Myladudurai,
Nagapattinam District.
(R.3 and R.4 impleaded
by order dated 18.10.2019) ...Respondents
PRAYER: This Writ Petition has been filed under Article 226 of the
Constitution of India for a Writ of Mandamus directing the respondents
to give police protection to the petitioner to enjoy the property in Joint
Sub Registry I Mayiladuthurai comprised in T.S.No.352 (part) Plot
No.1A, North by Road, East by 30 feet, South by Plot No.1, West by land
in T.S.No.353 and measuring North to South on the Eastern side 144 feet
on the western side 41 feet, East to West on the Northern side. On the
southern side 80 feet and admeasuring 3400 sq.ft., in the extent vacant
site with coconut trees 8 and Mango tree – 1, compound was 165 feet
equal to 315.86 sq.ft., which is granted permanent injunction by District
Munsif, Myladuthurai in O.S.No.294/2013 with peaceful manner,
consequently direct the respondent police to take appropriate legal action
on complaint dated 24.06.2019.
For Petitioner : Mr.R.Ravichandran
For Respondents : Mr.K.Prabakar
1 and 2 Additional Public Prosecutor
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W.P.No.26058 of 2019
For 3rd Respondent : Mr.Sarath Chandran for
K.M.Vijayan Associates
For 4th Respondent : No Appearance
ORDER
Seeking a direction to the 1st and 2nd respondents to give police protection to the petitioner to enjoy the property in Joint Sub Registry I Mayiladuthurai comprised in T.S.No.352 (part) Plot No.1A, North by Road, East by 30 feet, South by Plot No.1, West by land in T.S.No.353 and measuring North to South on the Eastern side 144 feet on the western side 41 feet, East to West on the Northern side. On the southern side 80 feet and admeasuring 3400 sq.ft., in the extent vacant site with coconut trees 8 and Mango tree – 1, compound was 165 feet equal to 315.86 sq.ft., which is granted permanent injunction by District Munsif, Myladuthurai in O.S.No.294 /2013 with peaceful manner and consequently direct the respondent police to take appropriate legal action on complaint dated 24.06.2019, the petitioner is before this Court with this writ petition.
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2.Heard the learned counsel for the petitioner; the learned Additional Public Prosecutor appearing for the respondents1 and 2; the learned counsel for the third respondent and there is no representation for the fourth respondent.
3.The learned Additional Public Prosecutor appearing for the respondents 1 and 2 would submit that admittedly, there is a civil dispute pending between the petitioner and the respondents 3 and 4 in respect of which, the petitioner has filed a suit in O.S.No.294 of 2013 and it was decreed in favour of the petitioner. Even then, there is no details about any appeal filed by the respondents 3 and 4 herein. He further submitted that the prayer as such sought for by the petitioner for police protection to enjoy her property cannot be considered.
4.Admittedly, the petitioner herein filed the suit in O.S.No.294 of 2013 as against one Gunabooshanam and the Revenue Officials including the Sub Registrar Mayiladuthurai and there is no decree as against the respondents 3 and 4 herein. Further, it is seen that already the petitioner herein has filed a writ petition in W.P.No.16746 of 2018 and 4/6 http://www.judis.nic.in W.P.No.26058 of 2019 this Court disposed of the said writ petition on 06.07.2018 by observing that the Joint Sub Registrar, Mayiladuthurai Town (Post), Nagapattinam District, has mutated the entries both in the concerned register and in the encumbrance register, as per the decree passed by the learned Additional District Munsif, Mayiladuthurai in O.S.No.294 of 2015 dated 19.01.2017, the right of the petitioner flowing out of the settlement deed dated 08.12.2008 is protected. Based on which the petitioner sought for police protection at the hands of the respondents 3 and 4 herein and therefore, the petitioner herein can very well approach the Civil Court for action against the respondents 3 and 4 for appropriate relief. Therefore the writ petition is devoid of merits and dismissed. No costs.
Jer 13.07.2020
Index:Yes/No
Internet:Yes/No
Speaking order/non speaking order
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W.P.No.26058 of 2019
G.K.ILANTHIRAIYAN, J.
Jer
To
1.The District Superintendent of Police, Nagapattinam District, Nagapattinam.
2.The Inspector of Police, Myladuthurai Town Police Station, Myladuthurai.
W.P.No.26058 of 2019
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