Madras High Court
Jaffar Ibrahim vs The State Of Tamil Nadu on 2 August, 2023
W.P(MD) No.18942 of 2020
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED :02.08.2023
CORAM
THE HONOURABLE MR.JUSTICE P.DHANABAL
W.P(MD)No.18942 of 2020
Jaffar Ibrahim ... Petitioner
-Vs-
1. The State of Tamil Nadu
Rep. by its Secretary to Government
Home Department
Secretariat, St.George Fort,
Chennai -9.
2. The Director General of Police
South Region
O/o. Director General of Police
Trichy.
3. The District Superintendent of Police
Pudukottai District,
Pudukottai
4. The Inspector of Police
Nagudi Police Station,
Nagudi.
5. Burhan Bin Kamaldeen
(R5 impleaded vide court order
dated 12.08.2021) ... Respondents
PRAYER:- Writ Petition is filed under Article 226 of the Constitution
of India, praying for the issuance of a Writ of Mandamus directing the
respondents 1 to 3 to provide adequate police protection to save the
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W.P(MD) No.18942 of 2020
petitioner's life and his family members living in Arasarkulam Village
without any fear and dignity on the payment of necessary charges or
issue an appropriate direction.
For Petitioner : Mr. G.Jeremiah
For R1 to R4 : Mr. R.M.Anbunithi
Additional Public Prosecutor
For R5 : Mr.S.Saravanakumar
ORDER
This Writ Petition has been filed for issuance of Writ of
Mandamus to direct the respondents 1 to 3 to provide adequate
police protection to save the petitioner's life and his family members
living in Arasarkulam Village without any fear and dignity on the
payment of necessary charges or issue an appropriate direction
2. According to the petitioner, on 29.11.2020 the accused
persons entered into the house of the petitioner and caused damage
to the building and broke open the wooden bureaus and cupboards
and looted 120 sovereigns of gold and title deeds of the properties.
Therefore he gave complaint before the respondents but they have not
taken any action. Further on 30.11.2020, the accused persons along
with 30 gangsters came to the house and demolished one portion of
the house and at that time the petitioner called the police over
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W.P(MD) No.18942 of 2020
phone. The police people came to the place of occurrence but they
have not stopped the illegal activities of the private respondents , they
stood as silent spectators without stopping the illegal acts. They went
to the tea shop and relaxed. The inaction on the part of the police
gives more encouragement to the accused persons and they
demolished the house. The petitioner thereafter gave representation
dated 02.12.2020 for taking action but the said representation was
not considered by the police officials, hence he has filed the present
petition for seeking police protection.
3. No counter was filed by the respondents.
4. The learned counsel for the petitioner would contend that
already the private respondents damaged the house of the petitioner
and thereby he gave complaint to the police but no action was taken.
Thereafter again the private respondents damaged the house and
therefore the police came to the place of occurrence but they have
not prevented the illegal activities of the respondent and they stood as
silent spectators and there is a threat to the petitioner and thereby
the petitioner has sent representation dated 02.12.2020 the same
was not considered, hence he has filed the petition with a prayer to
issue direction for giving police protection to the petitioner.
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W.P(MD) No.18942 of 2020
5. The learned Additional Public Prosecutor appearing for the
respondents would contend that already the representation of the
petitioner was considered and thereafter First Information Report
was also registered as against the accused persons who were involved
in the occurrence. Disciplinary proceedings also initiated against the
police officials thereby there is no threat to the petitioner and now
there is no need to give protection to the petitioner.
6. Heard both sides and perused the materials available on
record.
7. On perusal of the record, it is observed that already civil suit
is pending between the parties and also First Information Report was
also registered as against some of the private parties for their illegal
acts. According to the learned Additional Public Prosecutor
disciplinary proceedings was also initiated against the police officials.
Now the petitioner has filed this petition for police protection. The
dispute in this case is with regard to the house property and wherein
civil proceedings is also pending before the Civil Court. The learned
counsel appearing for the private respondents argued that since the
civil dispute is pending between the parties and the main dispute is
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W.P(MD) No.18942 of 2020
with regard to the house the petitioner cannot seek any remedy for
police protection through this petition. To support his contention he
relied on the judgment of the Hon'ble Division Bench of this Court in
the case of G.Anand .vs. The Inspector of Police, ICF Police
Station, Chennai, wherein this Court has held as follows:
4. It is trite to say that function of the police authorities is to
control law and order and to investigate the crime. The objective is not
to be an arbiter of civil dispute. The police authorities, thus, cannot
take over the job of Civil Court to adjudicate the disputes and that
being the problem appears to have been redressed by 4 G.O.Ms.No.
1580, dated 24.11.2008. Suffice for us to say that G.O.Ms.No.1580,
dated 24.11.2008 should be followed in letter and spirit and the process
of investigation of any crime has to be in accordance with law laid down
by the highest Court.
8.On careful reading of the above said judgment it is clear that
the police authorities cannot take over the job of the civil Court to
adjudicate the disputes. As rightly contended by the learned counsel
for the private respondent, at this stage police protection cannot be
given to the petitioner in view of the above case and other cases
decided by the Hon'ble Supreme Court.
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W.P(MD) No.18942 of 2020
8. Therefore the petitioner is not entitled for any relief as
prayed for in this petition .However if any life threat made by any
individual, the petitioner can very well approach the concerned police
for seeking appropriate remedy.
9. With the above observation, the Writ Petition stands disposed
of. No costs.
02.08.2023
Index : Yes/No
Internet : Yes/No
aav
To
1. The Secretary to Government
State of Tamil Nadu
Home Department
Secretariat, St.George Fort,
Chennai -9.
2. The Director General of Police
South Region
O/o. Director General of Police
Trichy.
3. The District Superintendent of Police
Pudukottai District,
Pudukottai
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W.P(MD) No.18942 of 2020
4. The Inspector of Police
Nagudi Police Station,
Nagudi.
5. The Additional Public Prosecutor
Madurai Bench of Madras High Court
Madurai.
https://www.mhc.tn.gov.in/judis
W.P(MD) No.18942 of 2020
P.DHANABAL, J.
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W.P(MD)No.18942 of 2020
02.08.2023
https://www.mhc.tn.gov.in/judis
