Riaz Ahmed Baig vs The Commissioner Of Police
2023 Latest Caselaw 9150 Mad

                                                                         Writ Petition No.22159 of 2023

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                               DATED : 27.07.2023

                                                      CORAM

                            THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH

                                           Writ Petition No.22159 of 2023

                     1.Riaz Ahmed Baig
                       S/o.H.A.Baig

                     2.Dillibabu
                       S/o.Narayanan

                     3.M.Aliyar
                       S/o.Madina Maraikayar                                 ...Petitioners

                                                           Vs

                     1.The Commissioner of Police,
                       Commissioner Office,
                       Vepery.

                     2.The Assistant Commissioner of Police,
                       Office of the Assistant Commissioner of Police,
                       Jermiah Road,
                       Vepery.

                     3.The Inspector of Police,
                       G-7 Vepery Police Station,
                       Jermiah Road, Vepery.

                     4.The Assistant Executive Engineer,
                       No.36, G, Pulla Avenue,
                       Shenoy Nagar, Chennai - 600 040.

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                                                                          Writ Petition No.22159 of 2023

                     5.The Executive Engineer,
                       Zone-8, Division-104,
                       Shenoy Nagar, Chennai.

                     6.Prabhu
                       S/o.Dhakshinamurthy

                     7.Lakshmi Prabhu
                       W/o.Prabhu

                     8.Rukmani
                       W/o.Krishnan

                     9.Bhavani
                       D/o.Parthasarathy                                      ... Respondents

                     PRAYER : Writ Petition filed under Article 226 of the Constitution of
                     India praying for issuance of a Writ of Mandamus directing the third
                     respondent to provide police protection to the petitioner to demolish the
                     building situated at Old No.7, New No.11, Arasappa Mudali Street,
                     Purasaiwalkam, Chennai - 600 007, pursuant to the order of this Court in
                     W.P.No.7318 of 2023.


                                  For Petitioners   : Mr.R.Harikrishnan
                                  For Respondents : Mr.A.Damodaran
                                                     Additional Public Prosecutor [R1 to R3]

                                                       *****




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                                                                                Writ Petition No.22159 of 2023

                                                          ORDER

This Writ Petition has been filed seeking for a direction to the

respondent police to provide police protection to the petitioners to enable

the petitioners to demolish the building situated in the subject property.

2. Heard Mr.R.Harikrishnan, learned counsel for petitioners and

Mr.A.Damodaran, learned Additional Public Prosecutor appearing on behalf

of respondents 1 to 3.

3. The case of the petitioners is that there is already a civil Court

judgment in their favour in O.S.No.2969 of 2012. The petitioners were

taking steps to demolish the building since it is in dilapidated condition. The

same was resisted by the private respondents, who had lost before the civil

Court. Hence, the petitioners gave complaints seeking for police protection.

It were not acted upon and therefore, the present writ petition has been filed

before this Court.

4. Learned Additional Public Prosecutor, on instructions, submitted

that based on the complaints given by the petitioners, CSR Nos.350/2023

https://www.mhc.tn.gov.in/judis Writ Petition No.22159 of 2023

and 1191/2023 are pending enquiry. Learned Additional Public Prosecutor

sought for some time to complete the enquiry and to take a decision on the

complaints given by the petitioners.

5. In view of the above, there shall be a direction to the third

respondent to conduct enquiry in the pending CSR Nos.350/2023 and

1191/2023. If the civil Court judgment is in favour of petitioners and it has

become final, the private respondents shall be instructed not to interfere. If,

on the other hand, any appeal has been filed against the said judgment, the

third respondent shall relegate the parties before the competent civil Court.

A decision, in this regard, shall be taken within a period of two (2) weeks

from the date of receipt of a copy of this order.

This Writ Petition is disposed of with the above direction. No costs.

27.07.2023 Index : Yes/No Speaking order:Yes/No Neutral citation:Yes/No gm

https://www.mhc.tn.gov.in/judis Writ Petition No.22159 of 2023

To

1.The Commissioner of Police, Commissioner Office, Veperty.

2.The Assistant Commissioner of Police, Office of the Assistant Commissioner of Police, Jermiah Road, Vepery.

3.The Inspector of Police, G-7 Vepery Police Station, Jermiah Road, Vepery.

4.The Public Prosecutor, High Court, Madras.

https://www.mhc.tn.gov.in/judis Writ Petition No.22159 of 2023

N.ANAND VENKATESH, J

gm

Writ Petition No.22159 of 2023

27.07.2023

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