Madras High Court
V.Panner Selvam vs The District Superintendent Of ... on 25 January, 2022
W.P.No.26604 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 25.01.2022
CORAM:
THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR
W.P.No.26604 of 2021
V.Panner Selvam ... Petitioner
Versus
1.The District Superintendent of Police,
District Superintendent Office,
Nagapattinam District.
2.The Inspector of Police,
Inspector of Police Office,
Valivalam Police Station,
Thirukkuvalai Taluk,
Nagapattinam District. ... Respondents
PRAYER: Writ Petition is filed under Article 226 of the Constitution of
India, to issue a writ of Mandamus, directing the respondent 1 and 2 to
provide police protection to the petitioner to enter into the petitioner's
property in pursuant to the delivery order made in E.P.No.108/2011 in
O.S.No.295/1996 on the file of District Munsif at Nagapattinam in view
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W.P.No.26604 of 2021
of the petitioner's representation dated 01.03.2021.
For Petitioner : Mr.T.Rajarathinam
For Respondents : Mr.E.Raj Thilak
Additional Public Prosecutor
ORDER
(This case has been heard through video conference)
This petition has been filed for the issuance of a Writ of mandamus
directing the respondent 1 and 2 to provide police protection to the
petitioner to enter into the petitioner's property in pursuant to the delivery
order made in E.P.No.108/2011 in O.S.No.295/1996 on the file of District
Munsif at Nagapattinam in view of the petitioner's representation dated
01.03.2021.
2. The contention of the petitioner is that the petitioner has sent a
representation to the respondent police on 01.03.2021 through post. The
petitioner is fighting a civil case for the past 20 years. Finally in S.A.
No.565 of 2002, by judgment dated 05.10.2020, the petitioner has got
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W.P.No.26604 of 2021
the Will. Thereafter the petitioner filed an execution petition in E.P.
No.108 of 2011 before the lower Court. E.P. portion was also delivered to
the petitioner. On 08.07.2019, some people attempted to break open the
petitioner's property. At that time, One Shanmugam, Saroja and her son
Arumugam and Arumugam's wife, abused the petitioner and also attacked
him. For which, a case in Cr. No.70 of 2019 was registered. This being
the case, on 28.02.2021, citing the High Court order, Shanmugam,
Saroja, Arumugam and Arumugam's daughter-in-law were asked to
vacate the premises and the said persons again abused and assaulted the
petitioner.
3. Learned Additional Public Prosecutor submits that the petitioner
sent the representation to the respondents through post. Unless the
petitioner appears before the Respondent Police along with a copy of the
complaint and the Civil Court's orders which is in his favour, the
respondent police would not be able to take appropriate steps to
implement the Court order.
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W.P.No.26604 of 2021
4. Considering the submissions and perusal of the materials, this
Court directs the petitioner to appear before the respondent police along
with the copy of the complaint and necessary documents and on receipt
of the same, the respondent police is directed to complete the enquiry and
take appropriate steps and if the petitioner is entitled, the E.P. portion to
be handed over to the petitioner as per the Civil Court's order. The said
process shall be completed within a period of two weeks from the date of
receipt of a copy of this order.
5. With the above directions, this writ petition is disposed of. No
costs.
25.01.2022 Index: Yes/No
Internet: Yes/No
jas/bkn
https://www.mhc.tn.gov.in/judis
W.P.No.26604 of 2021
To
1.The District Superintendent of Police,
District Superintendent Office,
Nagapattinam District.
2.The Inspector of Police,
Inspector of Police Office,
Valivalam Police Station,
Thirukkuvalai Taluk,
Nagapattinam District.
3. The Public Prosecutor,
High Court, Madras.
https://www.mhc.tn.gov.in/judis
W.P.No.26604 of 2021
M.NIRMAL KUMAR, J.
jas/bkn
W.P.No.26604 of 2021
25.01.2022
https://www.mhc.tn.gov.in/judis
