Madras High Court
M.Thambidurai vs The Director General Of Police on 5 March, 2021
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 05.03.2021
CORAM
THE HONOURABLE MR.JUSTICE N. ANAND VENKATESH
W.P.No.5423 of 2021
M.Thambidurai ... Petitioner
Vs.
1. The Director General of Police,
Tamil Nadu,
Office of the Director General of Police,
Dr.Radhakrishnan Salai,
Mylapore, Chennai – 600 004.
2. The Superintendent of Police,
Thiruvannamalai District,
Vengikkal,
Thiruvannamalai – 606 604.
3. The Inspector of Police,
Dusi Police Station,
Dusi,
Vembakkam Taluk,
Thiruvannamalai District.
4. Lakshmi
5. Dhanasekar
6. Kuppan
7. Murugan ... Respondents
PRAYER: Petition filed under Article 226 of the Constitution of India,
praying to issue a Writ of Mandamus, directing the 3rd respondent to
consider
http://www.judis.nic.in the petitioner's representation dated 21.09.2020 to provide
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police protection against the 4 to 7 Respondents and their men for
disturbing the petitioner's possession as against the court order and
inducing their men for preventing to do the petitioner's agricultural work
of cultivation on the petitioner's lands.
For Petitioners : Mr.R.Anbalagan
For Respondents : Mr.C.Raghavan
Government Advocate
for R1 to R3
ORDER
Mr.C.Raghavan, learned Government Advocate takes notice for the
respondents 1 to 3.
2.The petitioner is seeking for police protection against the
respondents 4 to 7 to restrain them from disturbing the possession and
enjoyment of the subject property. According to the petitioner, a suit
was filed against respondents 4 to 7 seeking for permanent injunction in
O.S.No.297 of 2015 on the file of the Principal District Munsif, Cheyyar,
Thiruvannamalai District. The suit was decreed ex-parte by a judgment
and decree dated 07.07.2017. According to the petitioner this decree has
become final.
3.The grievance of the petitioner is that in spite of the decree
passed by the competent civil Court, respondents 4 to 7 are continuing
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to cause threat to the petitioner and disturbing the possession and
enjoyment of the property. Hence, a complaint was given to the
respondent police seeking for police protection. Since the same was not
acted upon, the present writ petition has been filed before this Court.
4.There shall be a direction to the 3rd respondent to call the parties
for an enquiry and if the 3rd respondent finds that the judgment and
decree passed in O.S.No.297 of 2015 has become final and there is no
appeal pending, the 3rd respondent shall instruct respondents 4 to 7 not
to cause any threat to the petitioner or to interfere with the possession
and enjoyment of the subject property. If in spite of such instructions,
the respondents 4 to 7 indulge in any adverse activities, action shall be
taken against them in accordance with law. If any appeal has been filed
or if any petition has been filed to set aside the ex-parte decree, the
parties shall be relegated to the civil court to workout their remedy.
5.This writ petition is disposed of accordingly. No Costs.
05.03.2021
Index: Yes/No
Internet: Yes/No
ssr
http://www.judis.nic.in
N.ANAND VENKATESH,J.
ssr
To
1. The Director General of Police,
Tamil Nadu,
Office of the Director General of Police,
Dr.Radhakrishnan Salai,
Mylapore, Chennai – 600 004.
2. The Superintendent of Police,
Thiruvannamalai District,
Vengikkal,
Thiruvannamalai – 606 604.
3. The Inspector of Police,
Dusi Police Station,
Dusi, Vembakkam Taluk,
Thiruvannamalai District.
4.The Public Prosecutor,
High Court of Madras,Chennai.
W.P.No.5423 of 2021
05.03.2021
http://www.judis.nic.in
