S.Govindasamy vs The State Rep. By
2024 Latest Caselaw 303 Mad

Madras High Court

S.Govindasamy vs The State Rep. By on 4 January, 2024

Author: N.Anand Venkatesh

Bench: N.Anand Venkatesh

                                                                                      W.P.No.36012 of 2023

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                         DATED : 04.01.2024

                                                                 CORAM

                            THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH

                                                     W.P.No.36012 of 2023

                     S.Govindasamy                                                        ...Petitioner
                                                                  Vs.
                     1.The State rep. By
                       The Sub Inspector of Police,
                       Indur Police Station,
                       Dharmapuri District.

                     2.Palanisamy
                     3.Venkatesan
                     4.Rangan                                                      ...Respondents

                                  Writ Petition under Article 226 of The Constitution of India praying
                     for the issuance of a Writ of Mandamus to direct the first respondent to give
                     adequate police protection to protect petitioner's life and property measuring
                     0.45.0 Hrs., (S.F. No.20/2), 0.44.5 Hrs., (S.F. No.21/1) and 0.72.5 Hrs.,
                     (S.F. No.21/4), Patta No.233, Natha Halli Village, Dharmapuri District by
                     considering the petitioner's complaint dated 01.10.2023 in view of the
                     judgment and decree dated 28.06.2023 made in O.S.No.307 of 2013 on the
                     file of the learned District Munsif Court, Dharmapuri.
                                        For Petitioner       :    Mr.N.Manoharan

                     1/5




https://www.mhc.tn.gov.in/judis
                                                                                    W.P.No.36012 of 2023

                                       For Respondents :    Mr.A.Damodaran,
                                                            Additional Public Prosecutor for R1


                                                        ORDER

This Writ petition has been filed for a direction to the 1st

respondent to grant police protection to the life of the petitioner and his

property by considering the complaint dated 01.10.2023.

2. The learned Additional Public Prosecutor on instructions

submitted that an enquiry was conducted based on the complaint given by

the petitioner in CSR No.422 of 2023 and it was closed on 14.10.2023.

3. The learned counsel for the petitioner submitted that the

petitioner and his wife had already filed a suit in OS No.307 of 2013 seeking

for the relief of declaration and permanent injunction and this suit was

decreed by the learned District Munsif Court, Dharmapuri, through

Judgement and decree dated 28.06.2023. The learned counsel submitted that

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

inspite of the decree passed in favour of the petitioner, the private

respondents are continuing to interfere with the possession and enjoyment

and are exerting threat against the petitioner.

4. Taking into consideration the facts and circumstances of the

case and also the decree that was passed in favour of the petitioner declaring

the right and title of the petitioner and granting the relief of permanent

injunction, there shall be a direction to the 1st respondent to conduct an

enquiry by calling the parties. If the decree passed by the Competent Civil

Court has become final, the private respondents shall be directed not to

interfere with the possession and enjoyment of the petitioner and cause any

threat to the petitioner. If the civil proceedings are pending by way of any

appeal, the 1st respondent shall relegate the parties to work out their remedy

before the Civil Court. This process shall be completed within a period of

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

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

5. This writ petition is disposed of with the above directions. No

costs.

04.01.2024 Index : Yes/No Internet : Yes/No Neutral Citation : Yes/No

rka

To

1.The Sub Inspector of Police, Indur Police Station, Dharmapuri District.

2.The Public Prosecutor, High Court of Madras.

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

N.ANAND VENKATESH, J

rka

04.01.2024

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