1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 14.11.2011 CORAM THE HONOURABLE MR.JUSTICE V.RAMASUBRAMANIAN W.P.(MD)No.12911 of 2011 and M.P.(MD)No.1 of 2011 M.M.Anwar Ali ... Petitioner Vs 1. The Superintendent of Police, Thanjavur District. 2. The Deputy Superintendent of Police, Kumbakonam, Thanjavur District. 3. The Inspector of Police, West Police Station, Kumbakonam. ... Respondents PRAYER : Writ petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondents to provide adequate police protection for taking delivery of tiled structure with land bearing door No.30, Sarangapani East Street, Kumbakonam, in execution of delivery order in E.A.No.347/2001 in EP No.202 of 1990 in R.C.O.P.No.3 of 1983 on the file of Principal District Munsif Court, Kumbakonam. For Petitioner : Mr.B.Jameel Arasu For Respondents: Mr.R.Karthikeyan Additional Government Pleader for R.1 : Mr.M.Govindan Special Government Pleader for R.2 and R.3 *** O R D E R The petitioner has come up with the above writ petition seeking a mandamus to direct the respondents to provide police protection for taking delivery in an execution petition. https://hcservices.ecourts.gov.in/hcservices/ 2 2. Heard Mr.B.Jameel Arasu, learned Counsel for the petitioner. Mr.R.Karthikeyan, learned Additional Government Pleader, takes notice for the first respondent and Mr.M.Govindan, learned Special Government Pleader, takes notice for the second and third respondents. 3. The petitioner has already obtained an order of eviction against his tenant by name Kalia Perumal in R.C.O.P.No.3 of 1983, on the file of the Rent Controller, Kumbakonam. The petitioner also filed E.P.No.202 of 1990 in which delivery was already ordered. But a third party by name T.A.Jayaraman obstructed the Amin. Though the obstruction was directed to be removed in terms of Order 21 Rule 97 C.P.C., the petitioner could not take possession. Therefore, he has come up with the above writ petition seeking a direction to the respondent police to give protection. 4. There is no doubt that the petitioner is certainly entitled to police protection for executing the order of the Rent Controller. There is also no doubt that the Rent Control proceedings were initiated 28 years ago and the execution petition itself is now more than two decades old. But the proper course of action for the petitioner is only to move the Rent Controller for a similar relief. Under Section 18 of the Tamil Nadu Buildings Lease and Rent Control Act, the Rent Controller has all powers of the civil Court insofar as the execution is concerned. Therefore, the petitioner is entitled to fall back upon the provisions of Order 21 for police protection to remove the obstruction and take possession even after breaking open the lock. The writ petition cannot be converted into an application in an execution proceedings pending before the Rent Controller. Therefore, this writ petition is dismissed. However, it is open to the petitioner to file an appropriate application before the executing Court seeking police protection and for break open, etc. As and when such application is made, it is the duty of the Rent Controller to pass appropriate orders, so that the eviction and the delivery ordered several decades ago, bears fruit for the decree holder. Consequently, the connected Miscellaneous Petition is also closed. No costs. Sd/- Assistant Registrar(AE) /True Copy/ Sub-Assistant Registrar To 1. The Superintendent of Police, Thanjavur District. https://hcservices.ecourts.gov.in/hcservices/ 3 2. The Deputy Superintendent of Police, Kumbakonam, Thanjavur District. 3. The Inspector of Police, West Police Station, Kumbakonam +One cc to The Spl. Govt. Pleader, SR.No.39541 ssl rl/5c – 24.11.2011 W.P.(MD)No. 12911 of 2011 14.11.2011 https://hcservices.ecourts.gov.in/hcservices/