Madras High Court
Kamalam vs The Superintendent Of Police on 3 September, 2021
W.P.No.18054 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 03.09.2021
CORAM:
THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR
W.P.No.18054 of 2021
and
WMP.No.19278 & 19278 of 2021
1. Kamalam.
2. N.Sambathkumar. ... Petitioners
Versus
1. The Superintendent of Police,
Office of Superintendent,
Tiruppur,
Tiruppur District.
2. The Deputy Superintendent of Police,
Dharapuram,
Tiruppur District.
3. The State rep by its,
The Inspector of Police,
Kundadam Police Station,
Kundadam,
Tiruppur District.
Page No.1 of 7
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W.P.No.18054 of 2021
4. M.Sarojini.
5. S.Eswaran. ... Respondents
PRAYER: Writ Petition filed under Article 226 Constitution of India, to
issue Writ of Mandamus, forbearing the respondent No.2, 3 from
interfering the civil dispute between the petitioners with the respondent
Nos.4, 5 by considering representation dated 12.08.2021.
For Petitioner : Mr.K.Myilsamy.
For R1 : Mr.A.Damodharan,
Government Advocate (Crl.side).
for R1 - R3,
Mr.Camyles Gandhi, for R4 & R5.
*****
ORDER
This Writ petition has been filed seeking direction forbearing the
respondents 2 and 3 from interfering with the civil dispute between the
petitioners and the respondents 4 and 5 and also by considering his
representation dated 12.08.2021.
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W.P.No.18054 of 2021
2. The learned counsel appearing for the petitioners submitted
that the petitioner had sent a representation to the 3rd respondent police
not to give police protection as per the directions of this Court in
Crl.O.P.No.13336 of 2021 dated 02.08.2021. He further submitted that
the petitioner is in possession of the land in Survey Nos.833/1, 833/2,
833/3 situated at Dharapuram Circle, Manorpalayam Village, Dharapuram
Taluk, Tiruppur District. As this property is demanded by one Nataraj,
who is the husband of the first petitioner and father of the 2nd petitioner,
One Sarojini/4th respondent, filed a suit in O.S.No.277 of 2005 before the
District Munsif, Dharapuram and the same was decreed. Against which,
the said Nataraj had filed an appeal in A.S.No.40 of 2013 before the Sub-
Court, Dharapuram. During the pendency of the appeal, since Nataraj
died, the petitioners herein were impleaded as his legal heirs. The Lower
Appellate Court, by a judgment and decree dated 02.04.2017, dismissed
the appeal and thereby confirming the judgment and decree passed by the
trial Court. Thereafter, the petitioners had filed a Second Appeal on
28.02.2019 with a petition in CMP No.10793 of 2019 to condone the
delay in representation and the same was dismissed for non prosecution.
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W.P.No.18054 of 2021
Thereafter, they had filed a petition in CMP No.33859 of 2021 for
restoration and the same is still pending. While being so, the 5th
respondent herein, suppressing the pendency of the civil litigation, had
filed a Crl.O.P.No.13336 of 2021 for providing police protection to him to
construct the wire fencing in his land, in respect of Survey Nos.833/1,
833/2 & 833/3. He further submitted that based on the order passed in
Crl.O.P.No.13336 of 2021, the respondent police is harassing the
petitioner to stay in the police station throughout the day, eventhough the
civil suit is yet to reach finality.
3. Mr. Camyles Gandhi, learned counsel appearing for the
respondents 4 and 5 submitted that the writ petition is to be dismissed in
limen. By way of the representation dated 12.08.2021, the petitioner
sought the respondent police not to act on the order passed by this Court in
Crl.O.P.No.13336 of 2021, which amounts to contempt of Court. No
person can seek restriction of the order passed by this Court. If at all the
petitioner aggrieves the same, he has to approach the Court and not to
seek such relief. He further submitted that the respondents 4 and 5 had not
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W.P.No.18054 of 2021
suppressed any fact and they obtained order from this Court after
disclosing all the facts. As on date, no civil Court has given any order in
favour of the petitioner herein and strongly opposed.
4. The learned Government Advocate (Crl.side) appearing for the
Respondent 1, 2, & 3 submitted that this Court, by an Order dated
02.08.2021 in Crl.O.P.No.13336 of 2021, had stated that the petitioners
herein as well as the respondents 4 and 5 herein to appear before the
respondent police, produce documents and thereafter, the respondent
police to give necessary protection if they are entitled to.
5. This Court considered the submissions and perused the materials
available on records, carefully.
6. Considering the facts and circumstances, the prayer sought by the
petitioner in the representation dated 12.08.2021 is not proper, which
would amount to interference in the order passed by this Court in
Crol.O.P.No.13336 of 2021, dated 02.08.2021. Hence, this Court finds
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W.P.No.18054 of 2021
that the representation of the petitioner and the relief sought for is not
maintainable and such prayer cannot be sought for.
7. Accordingly, this writ Petition is dismissed. No costs.
Consequently, connected miscellaneous petitions are closed.
03.09.2021
Index: Yes/No
Internet: Yes/No
mrp
To
1. The Superintendent of Police,
Office of Superintendent,
Tiruppur,
Tiruppur District.
2. The Deputy Superintendent of Police,
Dharapuram,
Tiruppur District.
3. The Inspector of Police,
Kundadam Police Station,
Kundadam,
Tiruppur District.
https://www.mhc.tn.gov.in/judis/
W.P.No.18054 of 2021
M.NIRMAL KUMAR, J.
mrp
W.P.No.18054 of 2021
03.09.2021
https://www.mhc.tn.gov.in/judis/
