Advocates:
['M/S S T VARADARAJULU', '', 'P GANESHA MURTHI', 'T KARKIVELAN', 'PUBLIC PROSECTOR TAKES NOTICE', '', 'FOR R', 'M/S THENMOZHI SHIVAPERUMAL', 'FOR R']

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 13.10.2017

CORAM

THE HONOURABLE MR. JUSTICE M.S.RAMESH

W.P.No.11058 of 2017

M. Sridharan

... Petitioner

Vs

1.The Inspector of Police,

M-6, Manali Police Station,

Manali, Chennai – 600 068.

2.B. Azhagammal

... Respondents

Prayer : Writ Petition filed under Article 226 of the

Constitution of India seeking for a writ of mandamus to direct

the respondent to give police protection to lay fence around the

land of Petitioner's wife, admeasuring 1232 Sq. Feet, comprised

in survey No.205/4 situated at village No.41, Sokkamal Kula

Street, Manali, Chennai – 600 068.

For Petitioner

:

Mr.S.T.Varadarajulu

For Respondent 1 : Mr. S.Babu

Government Advocate

For Respondent 2

: Mrs.Thenmozhi Sivaperumal

O R D E R

The prayer sought for by the petitioner is to direct the

respondent to give police protection to lay fence around the land

of Petitioner's wife, admeasuring 1232 Sq. Feet, comprised in

survey No.205/4 situated at village No.41, Sokkamal Kula Street,

Manali, Chennai – 600 068.

2. Heard the learned counsel for the petitioner as well as

the learned Government Advocate for the first respondent and the

learned counsel appearing for the second respondent.

3. The petitioner claims title through a sale deed dated

04.07.2011 registered as Document No.4937 of 2011. The subject

property is a land comprised in Survey No.205/4. The second

respondent herein also has a claim over the title of the subject

https://hcservices.ecourts.gov.in/hcservices/

property. In view of the rival claims, the second respondent had

filed a civil suit in O.S.No.47 of 2017 seeking for declaration to

declare the sale deed No.4937 of 2011 as null and void. The said

suit is pending.

4. While the suit is pending, it would not be appropriate

for this Court to form an opinion about the possession or title

of the respective parties and thereby grant an order, directing

the respondent police to extend the police protection. As a

matter of fact, this Court, in various cases, has already held

that when there is a civil dispute pending before the Court of

law, it would not be appropriate for the police to interfere into

such complaint.

5. In the result, the writ petition stands dismissed. The

petitioner is granted liberty to work out his remedy before the

appropriate Civil Forum in accordance with law. No costs.

Sd/-

Assistant Registrar

/true copy/

Sub Assistant Registrar

ak/nl

To

The Inspector of Police,

M-6, Manali Police Station,

Manali, Chennai – 600 068.

1 cc to Mr.S.T.Varadharaulu, Advocate, Sr. 74065

1 cc to the Government Pleader, Sr. 74159

W.P.No.11058 of 2017

GR (CO)

kk 14/11

https://hcservices.ecourts.gov.in/hcservices/