HON’BLE SRI JUSTICE R.SUBHASH REDDY WRIT PETITION No.501 of 2011 Date: 15.02.2011 Between : C. Venkatesu … Petitioner and The Superintendent of Police, Chittoor, Chittoor District and others. … Respondents HON’BLE SRI JUSTICE R.SUBHASH REDDY WRIT PETITION No.501 of 2011 ORAL ORDER : In this writ petition, the petitioner seeks a direction by way of mandamus to declare the action of respondent Nos.1 and 2 in not taking action against the 3rd respondent and his followers as arbitrary and illegal and consequently sought a direction to the 1st respondent to register a case against the 3rd respondent and his followers with a further direction to the 2nd respondent to remove the illegal construction in the petitioner’s site. 2. The petitioner is the owner and possessor of the residential house situated in Sy.No.282/1 of Kothur village, H/o. Patrapalli. The said house was constructed in the site purchased by him through a registered sale deed, dated 20.4.1983, from the earlier owner Smt. Achamma. On the ground that the 3rd respondent, who claims to be the owner of the site on the southern side of his house, was trying to grab his land by making illegal construction in his site, the petitioner filed suit O.S.No.212 of 2010 on the file of the Junior Civil Judge, Palamaner and also obtained ad-interim injunction order against the 3rd respondent in I.A.No.963 of 2010, dated 2.11.2010. It is the grievance of the petitioner that when the 3rd respondent was violating the said injunction orders by making illegal construction in his site, he made a representation complaining about the trespass by the 3rd respondent in his site inspite of the ad-interim injunction orders passed by the civil Court, but no action has been taken. Hence the present writ petition. 3. At the stage of admission, this Court by order dated 19.01.2011, granted interim direction to the 1st respondent to give possible police protection to implement the orders passed by the learned Junior Civil Judge, Palamaner, in I.A.No.963 of 2010, dated 2.11.2010. 4. Counter affidavit is filed by the 3rd respondent. While denying the various allegations made by the petitioner, the 3rd respondent also denied the illegal construction as alleged by the petitioner. It is stated that the constructions are made in his own land and the said constructions are not in violation of the ad-interim injunction orders passed I.A.No.963 of 2010, dated 2.11.2010. 5. It is also brought to the notice of this Court that on the complaint made by the petitioner against the 3rd respondent, a case in Crime No.11 of 2011 on the file of V.Kota Police Station for the offence under Sections 447, 506 and 34 I.P.C. has been registered and the investigation is in progress. 6. Learned counsel for the petitioner has placed on record a copy of the ad-interim injunction order passed by the learned Junior Civil Judge, Palamaner, in I.A.No.963 of 2010, dated 2.11.2010. Although it is stated that counter affidavit and written statements are filed in the suit, as of now the ad-interim injunction order passed by the Court below is neither modified nor vacated. Since the said injunction order is still in force, the same is to be complied with by providing police protection. 7. In view of the above circumstances, keeping in view the registration of Crime No.11 of 2011 against the 3rd respondent and as the injunction order passed in I.A.No.963 of 2010, dated 2.11.2010, is still in force, I deem it appropriate to dispose of the writ petition directing the 1st respondent to continue the police assistance given for implementation of the order in I.A.No.963 of 2010, dated 2.11.2010, by issuing suitable instructions to the police concerned, so long as the said injunction order is in force. However, it is made clear that this order will not preclude the Court below to pass appropriate orders in I.A.No.963 of 2010 basing on its own merits, after hearing both the parties. 8. Subject to the above observations and direction, the writ petition is disposed of, at the admission stage. No order as to costs. _______________________________ JUSTICE R. SUBHASH REDDY 15.02.2011. Msr HON’BLE SRI JUSTICE R.SUBHASH REDDY WRIT PETITION No.501 of 2011 15.02.2011 Msr