Madras High Court
Settu vs The Superintendent Of Police on 9 April, 2021
W.P.No.9041 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 09.04.2021
CORAM:
THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR
W.P.No.9041 of 2021
Settu,
S/o.Gothanda Konar .. Petitioner
-vs-
1.The Superintendent of Police,
Tiruvannamalai,
Tiruvannamalai District.
2.The Deputy Superintendent of Police,
Chengam Taluk,
Tiruvannamalai,
Tiruvannamalai District.
3.The Inspector of Police,
Chengam, Tiruvannamalai,
Tiruvannamalai District.
4.Govindasamy,
S/o.Gopalchetty
5.Anandan, S/o.Govindasamy
6.Palani, S/o.Gopal Chetty
7.Karthikeyan, S/o.Palani
8. Venkatesan, S/o.Krishnagounder .. Respondents
PRAYER: Writ Petition filed under Article 226 of Constitution of
India, seeking Writ of Mandamus directing the respondents 1 to 3
1/6
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W.P.No.9041 of 2021
to give police protection to the petitioner's life and limb from the
accused persons and also to give protection to petitioner's
properties.
For Petitioner : Mr.R.Rajarajan
For Respondents : Mr.M.Mohamed Riyaz
Additional Public Prosecutor
ORDER
This writ petition has been filed seeking for a direction to the
respondents 1 to 3 to give police protection to the petitioner's life
and limb from the accused persons and also to give protection
to petitioner's properties.
2.It is seen from the records that the petitioner's father
inherited the property. After the demise of the petitioner's father,
the petitioner and his brother were in possession and enjoyment of
the same. While that being so, respondents 4 to 8 have created a
forged sale deed dated 21.02.2006 in favour of the 8th respondent ,
viz.,Venkatesan and attempted to interfere with the peaceful
possession and enjoyment of the petitioner. Therefore, the
petitioner and his brother filed a suit in O.S.No.21 of 2007 on the
file of the Principal District Munsif Court, Tiruvannamalai seeking
for declaration and injunction. The said suit was dismissed on
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W.P.No.9041 of 2021
06.10.2007. Challenging the dismissal order, the petitioner and his
brother preferred an Appeal in A.S.No.82 of 2007 on the file of the
Additional Subordinate Judge, Tiruvannamalai. The first Appellate
Court allowed the appeal and reversed the judgment and decree of
the trial Court and thereby decreeing the suit in favour of the
petitioner and his brother by judgment and decree dated
05.11.2009. Thereafter, the respondents 4 to 8 herein filed a
Second Appeal in S.A.No.1068 of 2010 by challenging the
judgment and decree passed in A.S.No.82 of 2007. Subsequently
thereafter, the Second Appeal is dismissed on 09.11.2020. Now the
petitioner and his brother were declared and the possession is also
protected by way of declaration and permanent injunction. In this
situation, the respondents have joined together and attempted to
disturb the possession and enjoyment of the property on
07.03.2021, for which, the petitioner made a representation dated
10.03.2021 to the respondents 1 to 3. Since the same was not
acted upon, the present writ petition has been filed seeking for
appropriate direction.
3.Heard Mr.R.Rajarajan, learned counsel for the petitioner
and Mr.MMohamed Riyaz, learned Additional Public Prosecutor for
the respondents 1 to 3.
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W.P.No.9041 of 2021
4. In the considered view of this Court, the actual dispute in
the present case is resolved around the right over the subject
property. The police will have no role to play in a case of this
nature. The petitioner has to necessarily workout his remedy
before the competent civil court and seek appropriate orders
restraining the private respondents from interfering with his
possession and enjoyment of the property. Except granting this
liberty, no further orders can be passed in this writ petition.
5. This writ petition is disposed of accordingly. No costs.
09.04.2021
Index :Yes/No
Internet : Yes/No
kal
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W.P.No.9041 of 2021
To
1.The Superintendent of Police,
Tiruvannamalai,
Tiruvannamalai District.
2.The Deputy Superintendent of Police,
Chengam Taluk,
Tiruvannamalai,
Tiruvannamalai District.
3.The Inspector of Police,
Chengam, Tiruvannamalai,
Tiruvannamalai District.
2.The Public Prosecutor,
High Court, Madras.
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W.P.No.9041 of 2021
M.NIRMAL KUMAR.J
kal
W.P.No.9041 of 2021
09.04.2021
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