M.Murugan vs The Inspector Of Police
2023 Latest Caselaw 8730 Mad

                                                                               W.P.No.21582 of 2023

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                   DATED : 20.07.2023

                                                        CORAM

                           THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH

                                                  W.P.No.21582 of 2023
                     M.Murugan
                     W/o.Late Marappan                                        ... Petitioner
                                                          Vs.

                     State rep. by its.
                     1. The Inspector of Police,
                        Tharamangalam Police Station,
                        Tharamangalam, Omalur Taluk,
                        Salem District.

                     2. Vijayalakshmi
                        W/o.Late Govindhan                                    ... Respondents

                     Prayer: Writ Petition filed under Article 226 of the Constitution of
                     India, to issue a writ of mandamus, to direct the 1st respondent to grant
                     police protection to the petitioner and his property comprised in Old
                     Survey No.187/3 in New S.No.187/3B1B in Plot No.18 in Patta No.3240
                     on total extent of 1200 sq.ft land and building is situated at
                     Tharamangalam Village, Omalur Taluk, Salem District based on the
                     complaint dated 26.05.2023 made by the petitioner within a reasonable
                     time.
                                      For Petitioner        : Mr.C.B.Muralikrishnan
                                                              for Mr.S.Varanesh
                                      For Respondent        : Mr.A.Damodaran
                                                              Additional Public Prosecutor [R1]

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                                                                                    W.P.No.21582 of 2023

                                                           *****
                                                          ORDER

This writ petition has been filed for a direction to grant police

protection to the petitioner and his property based on the complaint dated

26.05.2023.

2. Learned Additional Public Prosecutor, on instructions, submitted

that both the petitioner and the second respondent had given complaints

and both these complaints were enquired in CSR Nos.248 and 249 of

2023 and were closed directing the parties to approach the civil Court

and work out their remedy.

3. Learned counsel appearing for petitioner submitted that the

husband of the second respondent had already filed a civil suit seeking

for the relief of declaration and permanent injunction before the District

Munsif Court, Omalur and the same was dismissed by judgment and

decree dated 15.09.2022.

4. On carefully going through the decree passed by the District

Munsif Court, Omalur, dated 15.09.2022, it is seen that the suit was

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W.P.No.21582 of 2023

dismissed as abated since the husband of the second respondent died and

no steps were taken to implead the legal heirs. If really the second

respondent is interfering in the subject property, the petitioner has to

approach the civil Court and seek for remedy and the police will have no

role to play in this case. Except giving this clarity, no further orders are

passed in this writ petition.

Accordingly, this Writ Petition is dismissed. No costs.

20.07.2023

Speaking Order/Non-speaking Order Index :Yes/No Neutral citation: Yes/No gm

To

1. The Inspector of Police, Tharamangalam Police Station, Tharamangalam, Omalur Taluk, Salem District.

2. The Public Prosecutor, High Court, Madras.

https://www.mhc.tn.gov.in/judis

W.P.No.21582 of 2023

N.ANAND VENKATESH, J.

gm

W.P.No.21582 of 2023

20.07.2023

https://www.mhc.tn.gov.in/judis