The High Court directed the police to conduct an enquiry into a complaint of property obstruction after noting a civil decree and pending criminal case, ordering action within two weeks.
Directed the 2nd respondent to conduct an enquiry on the complaint, issue notice to counter parties, and pass orders within two weeks.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 09.09.2020
CORAM:
THE HON'BLE MR.JUSTICE G.K.ILANTHIRAIYAN
W.P.No.11407 of 2020
Mr.K.Rathinasamy
...Petitioner
Vs.
PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue Writ of Mandamus a direction to the 2nd respondent to give police protection to fence around the property situated at S.No.294/2, to an extent of 1 Acre and 30 ¾ cents situated at Kuppandampalayam Village, Avinashi Taluk, Tiruppur District.
For Respondents : Mr.S.Karthikeyan Additional Public Prosecutor
O R D E R
This Writ Petition has been filed to issue a direction to the 2nd respondent to give police protection to fence around the petitioner's property situated at S.No.294/2, to an extent of 1 Acre and 30 ¾ cents situated at Kuppandampalayam Village, Avinashi Taluk, Tiruppur District.
the petitioner's property. In this regard, the petitioner also filed a suit for permanent injunction in O.S.No.448 of 2016 and it was decreed in favour of the petitioner by judgment and decree dated 01.11.2019. Even then, the counter party is disturbing the possession and enjoyment of the property and also obstructing the petitioner from putting up the fence in and around the said property owned by him. Therefore, he filed petition for police protection from the 2nd respondent.
date of receipt of a copy of this order.
s/d
Assistant Registrar
True Copy
Sub-Assistant Registrar
ssn
To
W.P.No.11407 of 2020
AJS(CO) RN(09/11/2020) RN(23/11/2020)
1 issue framed by the court
Whether the police should be directed to conduct an enquiry into a complaint regarding obstruction of possession despite a pending criminal trial and a civil decree for permanent injunction.
1 provisions across 1 enactments
K.Rathinasamy
The Inspector of Police, Avinashi Police Station
G.K.ILANTHIRAIYAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
