Sri Tallapaneni Sreedhar vs The Deputy Commissioner Of Police on 19 September, 2014

[Cites 5, Cited by 0]

Karnataka High Court

Sri Tallapaneni Sreedhar vs The Deputy Commissioner Of Police on 19 September, 2014

Bench: A.N. Venugopala Gowda

                             1




     IN THE HIGH COURT OF KARNATAKA AT BANGALORE

       DATED THIS THE 19TH DAY OF SEPTEMBER, 2014
                       BEFORE

     THE HON'BLE MR. JUSTICE A.N. VENUGOPALA GOWDA

        WRIT PETITION NO.46917/2013 (GM-POLICE)

BETWEEN:

SRI TALLAPANENI SREEDHAR
S/O SRI TALLAPANENI SANKARA RAO
AGED ABOUT 45 YEARS
R/AT 237/2 R.T.
VIJAYANAGAR COLONY
HYDERABAD - 500 057
REP. BY HIS REGISTERED GPA HOLDER
SRI TALLAPANENI SANKARA RAO
                                            ...PETITIONER

(BY SRI N.N.HARISH, ADV.)


AND:

1.      THE DEPUTY COMMISSIONER OF POLICE
        SOUTH EAST DIVISION, KORAMANGALA
        BANGALORE CITY.

2.      THE ASSISTANT COMMISSIONER OF POLICE
        OLD AIRPORT ROAD SUB-DIVISION
        OLD AIRPORT ROAD
        BANGALORE - 560 079.

3.      THE STATION HOUSE OFFICER
        WHITEFIELD POLICE STATION
        BANGALORE CITY.

4.      SRI H.S. ANJANAPPA
        ALIAS ANJANA GOWDA
                             2




     S/O SRI T. SUBBANNA
     AGED ABOUT 43 YEARS
     R/AT NO.105, HOODI
     MAHADEVAPURA POST
     BANGALORE - 560 048.

5.   SRI SREENIVASA REDDY
     FATHER'S NAME NOT KNOWN
     TO THE PETITIONER
     AGED MAJOR, RESIDING AT
     C/O SRI H.S. ANJANAPPA
     ALIAS ANJANA GOWDA
     NO.105, HOODI
     MAHADEVAPURA POST
     BANGALORE - 560 048.

6.   SRI K. LAKSHMAN
     S/O SRI T. KRISHNAN
     AGED ABOUT 61 YEARS
     R/AT NO.801, NOBLE HOUSE
     REDDY JANA SANGA ROAD
     MARATHAHALLI
     BANGALORE - 560 037.
                                       ... RESPONDENTS

(BY SRI R. OM KUMAR, AGA FOR R1-3
    SRI K.L. SHREENEVASA, ADV. FOR R4-6)


     THIS PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT
RESPONDENTS 1 TO 3 TO EXTEND/GRANT POLICE AID/
PROTECTION TO THE PETITIONER FOR THE EFFECTIVE
ENFORCEMENT/IMPLEMENTATION      OF   THE   ORDER    OF
TEMPORARY INJUNCTION PASSED IN O.S.NO.1868/2006 ON
THE FILE OF THE II ADDL. CIVIL JUDGE, BANGALORE RURAL
DISTRICT, BANGALORE, ETC.,

       THIS PETITION COMING ON FOR PRELIMINARY HEARING
IN 'B' GROUP THIS DAY, THE COURT MADE THE FOLLOWING:
                                 3




                              ORDER

Asking for a mandamus as against respondent Nos.1 to 3, to extend/grant police aid/protection to the petitioner for the effective enforcement/implementation of an order of temporary injunction passed in O.S.No.1868/2006, by the learned II Additional Civil Judge, Bangalore Rural District, Bangalore, so as to enable the petitioner to protect his possession and enjoyment over the suit schedule property from the highhanded acts of respondent Nos.4 to 6, this writ petition was filed.

2. Heard Sri N.N. Harish, learned advocate for the petitioner and Sri R. Om Kumar, learned AGA for respondent Nos.1 to 3 and perused the writ petition record.

3. Petitioner has instituted O.S.No.1868/2006, in the Court of Civil Judge at Bangalore (District Bangalore Rural) against respondent Nos.4 to 6 herein, to pass a decree of permanent injunction against the defendants 4 from interfering with his possession and enjoyment of the suit schedule property. The said Court passed an ad interim order of temporary injunction on 06.12.2006. A complaint having been submitted vide Annexure-E, before respondent No.3 and in view of an endorsement issued on 06.06.2013 vide Annexure-G, this writ petition was filed for grant of said relief.

4. Relevant portion of Annexure-G reads as follows:

"»A§gÀºÀ ²æÃ. T. ±ÀAPÀgïgÁªï S/o. ¯ÉÃ. gÀvÀÛAiÀÄå ZËzÀj gÀªÀgÁzÀ ¤ÃªÀÅ CAd£ÀUËqÀ & EvÀgÀgÀÄ «gÀÄzÀÞ ¤ÃrzÀÝ zÀÆgÀÄ CfðAiÀÄ §UÉÎ JzÀÄgÁ½AiÀÄ/ªÀgÀ£ÀÄß «ZÁgÀuÉ ªÀiÁrgÀÄvÀÛzÉ.

1 to 6 xxxxx

7. ¤ÃªÀÅ DUÁUÀ¯ÉÃ ¹«¯ï £ÁåAiÀiÁ®AiÀÄzÀ°è EvÀåxÀðzÀ §UÉÎ zÁªÉÃ ºÀÆrzÀÄÝ CzÀgÀ N.J¸ï. £ÀA.1868/06 DVgÀÄªÀÅzÀjAzÀ E£ÀÄß ªÀÄÄAzÉ ¤ÃªÀÅUÀ¼ÀÄ £ÁåAiÀiÁ®AiÀÄªÀÅ DzÉÃ±À ªÀiÁqÀÄªÀAvÉ ¤ªÀÄä zÁªÉ EvÀåxÀðªÁUÀÄªÀ vÀ£ÀPÀ £ÀqÉzÀÄPÉÆ¼Àî®Ä F ªÀÄÆ®PÀ ¤ªÀÄUÉ ¸ÀÆa¸À¯ÁVgÀÄvÉÛ."

5. Sri Harish, placed reliance on the decision in P.R. Murlidharan and Others vs. Swami Dharmananda Theertha Padar and Others, (2006) 4 SCC 501, more 5 particularly on the concurring part of the order and submitted that police protection can be extended to cases where an interlocutory order has been passed by a Civil Court, in furtherance of the decree that may be passed therein.

6. Sri N.N. Harish, did not dispute the fact that the petitioner can approach the Court, wherein the said suit is pending, for relief i.e., to direct the jurisdictional police to give effect to its order of temporary injunction passed on 06.12.2006. Since such a course of action is permissible in law and as the petitioner has the alternative forum to seek remedy, I do not find justification to entertain this writ petition, which amounts to multiplicity of litigation. If the petitioner had no other forum to seek relief, based on the order at Annexure-C, certainly, submission of Sri Harish, based on the said judgment of the Apex Court, would have found acceptance. Since the petitioner has alternative forum i.e., to seek relief before 6 the Court which passed the order at Annexure-C, I decline to entertain this writ petition.

Petition is accordingly disposed of by reserving liberty to the petitioner to seek the relief in the Civil Court, wherein the said suit is pending, in case there is a need.

Needless to observe that, if an application is made by the petitioner/plaintiff, the Civil Court shall pass order with expedition, by keeping in view the decisions reported in ILR 2010 Kar 1197 (Smt. Karisiddamma & Others vs. Smt. Sanna Kenchamma) and ILR 1996 Kar 1271 (Papanna vs. Nagachari).

Sd/-

JUDGE ca

Unlock Advanced Research with PRISMAI

Karnataka High Court