1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10.11.2011 CORAM THE HONOURABLE MR.JUSTICE V.RAMASUBRAMANIAN W.P.(MD)NO.12757 of 2011 RM.Subramaniam ... Petitioner Versus 1.The Inspector of Police, Melur, Madurai District. 2.The Deputy Superintendent of Police, Melur, Madurai District. ... Respondents PRAYER : Writ petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the 1st respondent to consider the petitioner's request for granting protection vide his representation dated 20.08.2011 and accordingly direct him to grant protection for his life and liberty while enjoying the properties belonging to him and delivered to him vide proceedings of the 3rd Additional Sub Judge, Madurai, in E.P.No.230 of 1990 in O.S.No.118 of 1977. For Petitioner : Mr.VR.Shanmuganathan For Respondents : Mr.M.Alagarthevan, Special Government Pleader. O R D E R The petitioner has come up with the above writ petition seeking a mandamus, directing the first respondent to consider his request for the grant of police protection. 2. Heard Mr.VR.Shanmuganathan, learned counsel for the petitioner. Mr.M.Alagarthevan, learned Special Government Pleader takes notice for the respondents. 3. The petitioner filed a suit in O.S.No.118 of 1977 on the file of the Principal Sub-Court, Madurai for partition and separate possession of his half share in the suit schedule properties. The preliminary decree was passed on 28.02.1978. The appeal filed as against the said decree in A.S.No.371 of 1978 was dismissed by a Division Bench of this Court by judgment dated 07.01.1986. 4. Subsequently, an application for final decree was filed in I.A.No.275 of 1988. After appointing a Commissioner and receiving suggestions for the division of the properties, a final decree appears to have been passed. https://hcservices.ecourts.gov.in/hcservices/ 2 5. Thereafter, the petitioner filed E.P.No.230 of 1990 and obtained delivery on 19.12.1990. The actual delivery is said to have been effected on 24.12.1990. But it appears that a first appeal against the final decree, was filed and it is pending. 6. However, a fresh round of litigation was initiated by the children of the defendants of the suit, one of whom was also a party to the suit, by filing O.S.No.478 of 1988 again seeking for partition and setting aside the decree passed in the earlier suit, which is still pending. 7. It is the grievance of the petitioner that taking advantage of the second suit and also taking advantage of the prolongation of proceedings, the respondents have started interfering with the rights of the petitioner, forcing him to lodge a complaint with the police. Thereafter, the petitioner has come up with the above writ petition seeking police protection. 8. As I have pointed out in W.P.No.12081 of 2011, this is a matter where the petitioner should take recourse to the remedies before the Civil Court. Since the petitioner has obtained a decree for partition and has also taken possession in pursuance of execution proceedings, the easy way out for the petitioner, is to file a suit for injunction and obtain an order of interim injunction. On the basis of such interim order of injunction , the petitioner can always seek police protection to enforce the order of injunction. Alternatively, the petitioner is also entitled to lodge a complaint of criminal trespass. But without doing either of the two, a writ petition cannot be entertained. Therefore, leaving it open to the petitioner to take recourse to the remedies available before the Civil and Criminal Court, this writ petition is dismissed. No costs. Sd/- Assistant Registrar (C.O) /True Copy/ Sub Assistant Registrar (C.S) To 1.The Inspector of Police, Melur, Madurai District. 2.The Deputy Superintendent of Police, Melur, Madurai District. + 1 cc to The Special Government Pleader, SR No.39098 W.P.(MD)NO.12757 of 2011 10.11.2011 vsm RJ/12.11.11 (IT) 2p/4c https://hcservices.ecourts.gov.in/hcservices/