The petitioner sought a writ of mandamus for police protection to operate a TASMAC liquor bar, alleging intimidation. The court found that the petitioner had alternative remedies through the TASMAC management or by filing a criminal complaint under Cr.P.C., leading to the dismissal of the writ petition.
The writ petition is dismissed with no costs awarded.
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.
W.P.(MD)No.5731 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 10.07.2024
CORAM:
THE HONOURABLE MR.JUSTICE B.PUGALENDHI
W.P.(MD)No.5731 of 2024
M.Sugumaran
... Petitioner
versus
W.P.(MD)No.5731 of 2024
Writ Petition filed under Article 226 of the Constitution of India, seeking for the issuance of Writ of Mandamus, to direct the 3rd and 4th respondents to provide suitable police protection to implement the license given by the TASMAC to run the TASMAC liquor bar attached with TASMAC liquor shop No.7638 in shop No.435/F situated at S.No.810/5 at Salaigramam, Sivagangai District.
For Petitioner : Mr.V.R.G.Mohan For R1, R3 and R4 : Mr.E.Antony Sahaya Prabahar, Additional Public Prosecutor For R2 : No appearance
ORDER
The petitioner claims that he got licence for running a Bar for the TASMAC Shop No.7638. Since the private respondents, namely, the respondents 5 and 6 are preventing the petitioner from running the bar
and also threatening him, he lodged complaints before the respondent Police. Now, he has filed this writ petition for a Mandamus, directing the 3rd and 4th respondents to provide police protection.
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W.P.(MD)No.5731 of 2024
have treated the petitioner's complaints as petition enquiry in CSR Nos. 108 and 113 of 2024 and closed the same on 22.02.2024.
156(3) Cr.P.C.
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W.P.(MD)No.5731 of 2024
powers under Article 226 of the Constitution of India.
10.07.2024
ogy NCC : Yes / No. Index : Yes / No. Internet : Yes / No. To
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W.P.(MD)No.5731 of 2024
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W.P.(MD)No.5731 of 2024
B.PUGALENDHI, J.
ogy
W.P.(MD)No.5731 of 2024
10.07.2024
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3 issues framed by the court
Whether the petitioner can claim police protection to run a TASMAC liquor bar when complaints were closed by the police.
Whether the High Court should issue a writ of mandamus directing police protection when alternative remedies exist.
Whether the judicial forum can entertain matters where a valid alternative remedy is available.
3 provisions across 2 enactments
M. Sugumaran
The Collector, Sivagangai District
The Deputy Collector / District Manager, Tamil Nadu State Marketing Corporation, TASMAC, Sivagangai
The Superintendent of Police, Sivagangai District
The Inspector of Police, Salaigramam Police Station
R. Ramachandran
B. Pugalendhi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
