Madras High Court
S.Kalarani vs The Superintendent Of Police on 18 May, 2023
W.P(MD)No.12308 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 18.05.2023
CORAM
THE HONOURABLE MRS. JUSTICE T.V.THAMILSELVI
W.P.(MD)No.12308 of 2023
S.Kalarani ... Petitioner
Vs.
1.The Superintendent of Police,
Dindigul, Dindigul District.
2.The Inspector of Police,
Dindigul Taluk Police Station,
Dindigul, Dindigul District. ... Respondents
Prayer:Petition filed under Article 226 of the Constitution of India
praying to issue a Writ of Mandamus, directing the respondents herein to
give police protection to the petitioner at the time of making construction
in the petitioner's house property in the light of the petitioner's
representation dated 04.05.2023 within a stipulated period as prescribed
by this Court.
For Petitioner : Mr.C.M.Ganesan
For Respondents : Mr.M.Sakthi Kumar
Government Advocate (Crl.Side)
1/4
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W.P(MD)No.12308 of 2023
ORDER
This Writ Petition has been filed to issue a Writ of Mandamus,
to direct the respondents to give police protection to the petitioner at the
time of making construction in the petitioner's house property in the light
of the petitioner's representation dated 04.05.2023 within a stipulated
period as prescribed by this Court.
2.According to the petitioner, she purchased a house site to the
extent of 2920 sq.ft from one Saraswathi and Kani @ Kaniraja and from
the date of purchase she is in possession and enjoyment over the same
and patta also stands in her name. At this juncture, since her possession
was interfered with by one Sankar, the petitioner filed a suit in
O.S.No.578 of 2017 on the file of the Additional District Munsif Court,
Dindigul District, which was decreed in favour of the petitioner by
judgment and decree dated 11.01.2021. However, one Subramani, Raja
and some unknown persons have trespassed into the property of the
petitioner and made threat. Hence, the petitioner sent a representation
dated 29.04.2023 to the 2nd respondent. Since the same has not been
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W.P(MD)No.12308 of 2023
considered, she made another representation dated 04.05.2023 to the
respondents and the same has also not been considered till date. Hence,
the petitioner is before this Court with the aforesaid relief.
3.Heard both sides.
4.A perusal of the affidavit filed in support of this Writ Petition
shows that the dispute between the parties is civil in nature. If at all the
petitioner wants to establish her legal right over the disputed property, it
is always open to her to approach the civil Court. The respondent Police
cannot interfere in the civil dispute prevailing between the parties.
Hence, the prayer as such sought for by the petitioner cannot be granted
at this stage. Accordingly, this Writ Petition is closed. No costs.
18.05.2023
NCC : Yes / No
Index : Yes / No
Internet : Yes / No
MYR
https://www.mhc.tn.gov.in/judis
W.P(MD)No.12308 of 2023
T.V.THAMILSELVI, J.
MYR
To
1.The Superintendent of Police,
Dindigul, Dindigul District.
2.The Inspector of Police,
Dindigul Taluk Police Station,
Dindigul, Dindigul District.
W.P (MD)No.12308 of 2023
18.05.2023
https://www.mhc.tn.gov.in/judis
