THE HON'BLE SRI JUSTICE RAMESH RANGANATHAN WRIT PETITION No.23633 OF 2011 ORDER: The relief sought for in this Writ Petition is to declare the action of the respondents, in not providing police protection to the petitioner’s family members, as arbitrary and illegal. A consequential direction is sought to the third respondent to provide police protection to the petitioner’s family members. It is evident from the averments made in the affidavit, filed in support of the Writ Petition, that the petitioner along with his family members filed O.S.No.37 of 2010 in the Court of Principal Junior Civil Judge, Tadepalligudem seeking permanent injunction. I.A.No.189 of 2010 was filed therein in which the Learned Judge, by order dated 15.02.2010, granted ad-interim injunction. When asked as to why police aid was not sought in the very same Suit, Smt. K. Neeraja, Learned Counsel for the petitioner, submits that, during the pendency of the suit, the defendants had alienated the scheduled property in favour of third parties and, though an application was filed seeking to implead them as parties to the proceedings, they were avoiding service of notice. Even under Writ proceedings under Article 226 of the Constitution of India, the relief sought for cannot be granted without those, who are necessary and proper parties, being made parties to the Writ Petition. Since the petitioner can as well seek the relief sought for in this Writ petition in the Suit which he has already elected to file, I see no reason to grant the relief sought for. Leaving it open to the petitioner, if he so chooses, to approach the Civil Court in this regard, the Writ Petition is dismissed. However, in the circumstances, without costs. _____________________________ RAMESH RANGANATHAN, J August 23, 2011 MD THE HON'BLE SRI JUSTICE RAMESH RANGANATHAN WRIT PETITION No.23633 OF 2011 August 23, 2011 MD