THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No.25295 of 2009 DATE:20.11.2009 Between: Sanapala Swami Babu .... Petitioner and The Commissioner of Police, Visakhapatnam City, Visakhapanam District and others .... Respondents THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No.25295 of 2009 ORDER: According to the petitioner, he is the absolute owner of an extent of 225 square yards along with a thatched house bearing D.No.38-13-54/3 situated in Sy.No.76/2C of Marripalem village, within the limits of Visakhapatnam Municipal Corporation. As respondents 3 to 7 are interfering with his peaceful possession of his property without any right whatsoever, he filed O.S.No.1220/2009 on the file of the II Additional Senior Civil Judge, Visakhapatnam, against them seeking permanent injunction along with I.A.No.674 of 2009 and the court below granted an ad-interim injunction in his favour on 18.09.2009. However, at the instance of respondents 3 to 7, respondents 1 and 2 are harassing him by interfering with his possession and enjoyment of the property. Hence, he filed the present writ petition. 2. Heard the learned counsel for the petitioner as well as the learned Government Pleader for Home. 3. It is apparent that the petitioner filed a suit in O.S.No.1220 of 2009 on the file of the II Additional Senior Civil Judge, Visakhapatnam, against respondents 3 to 7 for permanent injunction and also obtained an ad-interim injunction in I.A.No.674 of 2009 on 18.09.2009. When an order of ad-interim injunction is in his favour, in my considered view, he has an alternative remedy of approaching the very same court and file an application seeking police protection. Without availing such alternative remedy, he straight away approached this Court and filed the present writ petition. In the light of the same, the petitioner is hereby directed to approach the court below and file an application before it seeking police protection, and in my considered view, the court below will definitely pass appropriate orders. 4. With the above direction, this writ petition is disposed of. There shall be no order as to costs. _________________________ GOPALA KRISHNA TAMADA, J 20th November, 2009 Note: Furnish C.C. by two days. (b/o) CBS THE HON’BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No.25295 of 2009 (Disposed of) 20th November, 2009 Note: Furnish C.C. by two days. (b/o) CBS