The petitioner sought a writ of Mandamus directing police protection to implement a permanent injunction judgment against other respondents. This court found it unnecessary for the petitioner to approach this High Court as they could seek appropriate orders from the concerned court below, declaring the petition not maintainable.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 31.01.2017
CORAM
THE HONOURABLE MR.JUSTICE B.RAJENDRAN
W.P.No. 15423 of 2016 & WMP.No.13448 fo2016
... PETITIONER
Vs
3 Chinnaraj Pillayar Koil Street Kovilpathagai Kannadapalayam Chennai-56.
.. Respondents
Writ Petitions have been filed under Article 226 of the Constitution of India praying for a Writ of Mandamus directing the 1st respondent to provide suitable Police protection to petitioner to implement the Judgment & Degree for permanent injunction granted against the respondents 2 & 3 dated 19.12.2006 passed in OS.342/05 on the file of the DMC Ambattur so as to enable the petitioner to put up the compound wall and the motor shed at land comprised in survey No.713/5 admeasuring 16 cent situated at Kovilpapathagai Village Ambattur Taluk Thiruvallore District.
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For Petitioner : Mr.P.Gunaraj For Respondent-1 : Mr.A.Kumar, Spl. G.P. For Respondents 2 & 3 : Mr.D.Senthilkumar,
ORDER
This writ petition has been filed seeking a writ of Mandamus
directing the 1st respondent to provide suitable Police protection to petitioner to implement the Judgment & Degree for permanent injunction granted against
the respondents 2 & 3 dated 19.12.2006 passed in OS.342/05 on the file of the
DMC Ambattur so as to enable the petitioner to put up the compound wall and the motor shed at land comprised in survey No.713/5 admeasuring 16 cent
situated at Kovilpapathagai Village Ambattur Taluk Thiruvallore District.
respondents.
3.Petitioner had sought for police protection to implement the
degree of the Court below. If at all the petitioner wanted to implement the
order of the court below, it is always open for him to approach the concerned
court for appropriate orders and this court find there is no need or necessity for
the petitioner to approach this Court for such a prayer. Hence, this writ petition is not maintainable.
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be no order as to costs. Consequently, connected miscellaneous petition is also
closed.
31.01.2017
Index : Yes / No smi
To
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B.RAJENDRAN, J.,
smi
W.P.No. 15423 of 2016
31.01.2017
2 issues framed by the court
Whether a writ of Mandamus for police protection to implement a lower court judgment is maintainable when the implementable party can approach the court below.
Whether the present writ petition challenging the refusal of police protection is maintainable.
1 provisions across 1 enactments
D.Ilayarani
State Rep.by The Inspector of Police
Periyaraj @ Sundararajan
Chinnaraj
B.Rajendran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
