P.Chinnammal vs The District-Superintendent Of … on 24 November, 2008

Madras High Court
P.Chinnammal vs The District-Superintendent Of … on 24 November, 2008
       

  

  

 
 
 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED: 24/11/2008

CORAM
THE HONOURABLE MR.JUSTICE G.RAJASURIA

W.P(MD)No.10665 of 2008

P.Chinnammal	  		  	    	. . . Petitioner

Vs.

The District-Superintendent of Police,
Dindigul District,
Collectorate Post,
Dindigul					. . . Respondents

PRAYER

Writ petition filed under Article 226 of the Constitution of India,
praying to issue a writ of mandamus, to direct the respondent to dispose of the
representation of the petitioner dated 29.09.2008 filed before the District
Collector, Dindigul and forwarded to the respondent within a time frame that may
be stipulated by this Court.

!For Petitioner	... Mr.N.Marivel
^For Respondents... Mr.D.Sasikumar
		    Government Advocate

				      * * * *	
:ORDER

This writ petition has been filed to direct the respondent to dispose of
the representation of the petitioner dated 29.09.2008 filed before the District
Collector, Dindigul and forwarded to the respondent within a time frame that may
be stipulated by this Court.

2. Heard the learned counsel for the petitioner and also Mr.D.Sasikumar,
learned Government Advocate, who took notice on behalf of the respondent.

3. The grievance of the petitioner as aired by the learned counsel for the
petitioner placing reliance on the averments in the affidavit accompanying the
writ petition, is to the effect that the petitioner filed a suit in O.S.No.1466
of 2004 before the Principal District Munsif Court, Dindingul and also filed
I.A.No.744 of 2004 and in that he got interim injunction restraining the
defendants therein from interfering with the peaceful possession and enjoyment
of the properties by the petitioner and her people; while so, throwing to winds
the civil Court’s order, the defendants therein are attempting to disturb the
peaceful possession of the petitioner; thereupon the petitioner approached the
police authorities for police aid, but they are inert and inactive. Hence, this
writ petition.

4. The learned counsel for the petitioner would submit that it is the duty
of the police officers to enforce the civil Court’s order, but they are turning
their face away from it and not in any way helpful to the petitioner.

5. At this juncture, I would like to recollect the common and garden
principle and that too the trite proposition of law that when a civil Court
order is there, steps should be taken by the party concerned, by filing an
application under Section 151 Cr.P.C. to get enforced that order with police aid
and thereupon the Civil Court considering on merits the case of the petitioner
is having the power to pass orders granting police aid for enforcement of its
order. Hence, the petitioner is directed to file an application under Section
151 C.P.C. before the Court concerned and thereupon the Civil Court shall give
priority to the matter and deal with it as per law and see that the very order
passed by it, is enforced with the help of the police force.

6. With the above direction, this Writ Petition is disposed of. No costs.
Consequently, connected Miscellaneous Petition is closed.

smn

To
The District-Superintendent of Police,
Dindigul District,
Collectorate Post,
Dindigul.

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