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Supreme Court of India · 2006-03-10

P.R. MURLIDHARAN vs SWAMI DHARMANANDA THEERTHA PADAR

Citation / case number
SC 2004/21694
Court
Supreme Court of India
Petitioner
P.R. MURLIDHARAN
Respondent
SWAMI DHARMANANDA THEERTHA PADAR
Author
S.B. SINHA
Bench
S.B. SINHA

Judgment text excerpt

The Supreme Court held that a Writ Petition seeking a writ of mandamus for police protection regarding property rights cannot substitute for a civil suit to adjudicate civil rights. The Court emphasized that such petitions should only be entertained when there is a direct threat to a person's safety, not for property disputes that require proper adjudication in civil courts. The appeal was allowed, and the High Court's decision was set aside, reinforcing the need for prudence in exercising jurisdiction under Article 226 of the Constitution of India.

P.R. MURLIDHARAN vs SWAMI DHARMANANDA THEERTHA PADAR · Niyam