Gnanasakthi vs The Superintendent Of Police
2023 Latest Caselaw 14265 Mad

                                                                             W.P(MD)No.26896 of 2023


                           BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                              DATED: 09.11.2023

                                                     CORAM :

                                  THE HONOURABLE MR.JUSTICE G.ILANGOVAN

                                           W.P(MD)No.26896 of 2023

                     Gnanasakthi                                             ... Petitioner

                                                        Vs.

                     1.The Superintendent of Police,
                       Madurai District,
                       Madurai

                     2.The Deputy Superintendent of Police,
                       Melur,
                       Madurai District.

                     3.The Inspector of Police,
                       Keelavalavu Police Station,
                       Melur Taluk,
                       Madurai District.

                     4.S.Pandi Kannu

                     5.S.Saran                                                   ... Respondents

                     PRAYER: Writ Petition filed under Article 226 of the Constitution of
                     India, praying this Court to issue a Writ of Mandamus, to direct the 3 rd
                     respondent to conduct an enquiry in the matter under the direct
                     supervision of the 1st or 2nd respondent in the manner known to law based
                     on the petitioner's representation, dated 03.08.2023.

                     1/4
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                                                                                   W.P(MD)No.26896 of 2023


                                        For Petitioner       :Mr.R.Murugan
                                        For Respondents      :Mr.M.Sakthi Kumar
                                                              Government Advocate (Crl. Side)

                                                           ORDER

This Writ Petition is filed to direct the 3rd respondent to conduct an

enquiry in the matter under the direct supervision of the 1st or 2nd

respondent in the manner known to law, based on the petitioner's

representation, dated 03.08.2023.

2.The learned counsel for the petitioner would submit that the

petitioner has filed O.S.No.115 of 2021 before the Sub Court, Melur

seeking perpetual injunction along with declaration, in O.S.No.115 of

2021, in which the learned Sub Judge, Melur, granted interim injunction

in I.A.No.1 of 2021, restraining the private respondents from interfering

with the petitioner's possession and enjoyment over the disputed

property.

3. Now the grievance of the petitioner is that even though the Sub

Court, Melur, has passed judgment in favour of the petitioner, in I.A.No.

1 of 2021 in O.S.No.115 of 2021, representation was made to the

https://www.mhc.tn.gov.in/judis W.P(MD)No.26896 of 2023

respondent herein seeking Police protection for enjoying the property.

4. The learned Government Advocate (Crl.Side) would submit that

on the basis of the representation that is made by the petitioner, enquiry

was undertaken in CSR No.441 of 2023. During the course of enquiry,

both sides appeared and the private respondents gave an undertaking that

they will not make any trouble to the petitioner.

5. When the alternative remedy is available to the petitioner by

workout his remedy by filing contempt petition before the concerned

jurisdictional Court, he has chosen to sent a representation, which may

not be proper. Let the petitioner approach the concerned Court for

appropriate orders.

6. With the above said liberty, this Writ Petition is disposed of. No

costs.

09.11.2023 NCC :Yes/No Index :Yes/No Internet : Yes/ No

INDU

https://www.mhc.tn.gov.in/judis W.P(MD)No.26896 of 2023

G.ILANGOVAN, J

INDU To

1.The Superintendent of Police, Madurai District, Madurai

2.The Deputy Superintendent of Police, Melur, Madurai District.

3.The Inspector of Police, Keelavalavu Police Station, Melur Taluk, Madurai District.

4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

Order made in W.P(MD)No.26896 of 2023

Dated 09.11.2023

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