THE HON'BLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY
Writ Petition No.3392 of 2019
ORDER:
This Writ Petition under Article 226 of the Constitution of India has been filed seeking mandamus declaring the action of the 3rd respondent in not providing police protection to implement the judgment and decree passed in O.S.No.239 of 2012 on the file of the Additional Junior Civil Judge's Court, Penukonda, Anantapuramu District, as illegal and unconstitutional and consequently, sought a direction to the respondents 1 to 4 to provide necessary police aid to the petitioner for effective implementation of the aforesaid judgment and decree.
2. Heard learned counsel for the petitioner and learned Assistant Government Pleader for Home for official respondents 1 to 4.
3. Despite service of notice on 5th respondent, none appeared for the 5th respondent.
4. The petitioner is the plaintiff in O.S.No.239 of 2012 on the file of the Additional Junior Civil Judge's Court, Penukonda, Anantapuramu District. The said Suit was filed for permanent injunction restraining the 5th respondent herein, who is the defendant therein, from interfering with the possession and enjoyment of the writ petitioner in respect of the plaint schedule property, which is in an extent of Ac.1.54 cents covered by Survey No.287-3A; Ac.2.91 cents covered by Survey No.287-3B; 2
CMR, J.
W.P.No.3392 of 2019 Ac.2.38 cents covered by Survey No.287-4A1 and Ac.0.39 cents covered by Survey No.287-4A2 of Gorantla village, Anantapuramu District. The said Suit was decreed in favour of the petitioner restraining the 5th respondent herein from interfering with the possession and enjoyment of the writ petitioner in respect of the aforesaid property. The said Suit was decreed on 31.10.2018.
5. Now, it is the grievance of the writ petitioner that despite passing of the aforesaid permanent injunction decree restraining the 5th respondent from interfering with the possession and enjoyment of the writ petitioner in respect of the said property, he has been interfering with the possession and enjoyment of the writ petitioner in respect of the aforesaid property in violation of the aforesaid judgment and decree passed by the competent civil Court. It is the further grievance of the writ petitioner that when he approached the respondent police officials to provide police aid for effective implementation of the said judgment and decree that the respondent police officials are not providing any such police aid.
6. As can be seen from the copy of the judgment and decree passed in O.S.No.239 of 2012 on the file of the Additional Junior Civil Judge's Court, Penukonda, Anantapuramu District, dated 31.10.2018, it is evident that a permanent injunction decree was passed in favour of the writ petitioner and against the 5 th respondent herein restraining the 5th respondent from 3 CMR, J.
W.P.No.3392 of 2019 interfering with the possession and enjoyment of the writ petitioner in respect of the aforesaid schedule property.
7. It is now well settled law that when there has been a permanent injunction decree passed by a competent civil Court in favour of a party or a temporary injunction order passed on merits in favour of the party, that the said person is entitled for grant of police aid for effective implementation of the said permanent injunction decree or the temporary injunction order passed on merits. The 5th respondent did not contest this Writ Petition despite service of notice on him. Therefore, the 5 th respondent could not justify his acts of interfering with the possession and enjoyment of the said property by the writ petitioner in spite of passing of said permanent injunction decree against him.
8. Learned Assistant Government Pleader for Home would submit that the representation, a copy of which is now produced, seeking police aid relates to the year 2018 which is dated 25.12.2018 and as no such representation is now filed seeking police aid that the police could not provide any such police aid.
9. Therefore, in the said facts and circumstances of the case, the Writ Petition is allowed with a direction to the petitioner herein to submit a fresh representation to the 4th respondent Station House Officer, Gorantla Police Station, Anantapuramu District, seeking police aid and in the event of submitting any such representation by him, the respondent police officials shall 4 CMR, J.
W.P.No.3392 of 2019 provide adequate police aid to the petitioner for effective implementation of the aforesaid permanent injunction decree passed in O.S.No.239 of 2012 on the file of the Additional Junior Civil Judge's Court, Penukonda, Anantapuramu District. No costs.
Miscellaneous Petitions, if any pending, in this Writ Petition, shall stand closed.
________________________________________________ JUSTICE CHEEKATI MANAVENDRANATH ROY Date: 06-10-2021.
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