W.P.No.28240 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 07.09.2022
CORAM:
THE HON'BLE Ms.JUSTICE R.N.MANJULA
W.P.No.28240 of 2021
P.Senthilkumar
... Petitioner
Vs.
1.The Superintendent of Police,
Tiruppur District.
2.The Deputy Superintendent of Police,
Palladam Taluk,
Tiruppur District.
3.The Inspector of Police,
Palladam Police Station,
Tiruppur District.
4.P.Sivakumar
5.Gandhimathy
... Respondents
PRAYER : Writ Petition is filed under Article 226 of the Constitution of India
to issue a Writ of Mandamus, directing the third respondent to provide adequate
police protection to the petitioner for putting up fence on the northern side
portion of the petitioners' land in Survey Nos.54/2, 263/2, 263/4 and 267 for a
total extent of 13.67 acres, Vadukapalayam Village, Palladam Taluk, Tiruppur
District.
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W.P.No.28240 of 2021
For Petitioner : Mr.S.Suresh for
Mr.B.Parthiban
For Respondents : Mr.A.Damodaran, APP for R1 to R3
ORDER
This Writ Petition has been preferred to direct the third respondent to provide adequate police protection to the petitioner for putting up fence on the northern side portion of the petitioners' land in Survey Nos.54/2, 263/2, 263/4 and 267 for a total extent of 13.67 acres, Vadukapalayam Village, Palladam Taluk, Tiruppur District.
2. Heard Mr.S.Suresh, learned counsel for the petitioner, Mr.A.Damodaran, learned Additional Public Prosecutor appearing for the respondents 1 to 3 and also perused the materials placed on record.
3. Mr.S.Suresh, learned counsel for the petitioner submitted that the lands comprised in S.Nos.54/2, 263/2, 263/4 and 267 are the lands belonging to the petitioner; since the petitioner is an absentee land owner, the fourth and fifth respondents took advantage of the same and entered into the property with the help of henchmen and hooligans in the year September 2021; in the meanwhile, the fifth respondent Gandhimathi filed a writ petition in W.P.No.7469 of 2019, 2/8 https://www.mhc.tn.gov.in/judis W.P.No.28240 of 2021 before this Court for seeking a Writ of Prohibition against the Revenue officials from conducting enquiry with regard to the above said property; as per the direction of this Court dated 05.07.2019, the Revenue officials viz., Tahsildar, Surveyor and others with the help of police personnels had conducted the survey based on the revenue records in the presence of Government Advocate viz., Mr.S.Kamalesh Kannan who was appointed by this Court.
3.1. Though the property was measured, identified and boundaries have been fixed, the petitioner is not able to complete fencing work around the said property; since the respondents 4 and 5 were causing troubles for fencing the property even to the erstwhile owners of the property, they have given a criminal complaint against the respondents 4 and 5 and a case has been registered in FIR No.192 of 2019 in Palladam Police Station.
3.2. It is further submitted that the vendors of the petitioner have also filed Crl.O.P.No.28807 of 2019 for seeking police protection for fencing the property; a suit has also been filed in this regard in O.S.No.32 of 2019 and is pending on the file of II Additional District Judge, Tiruppur; this Court has passed an order in Crl.O.P.No.28807 of 2019 on 16.03.2020 directing the 3/8 https://www.mhc.tn.gov.in/judis W.P.No.28240 of 2021 parties to workout their remedy before the Civil Court; however, the vendors of the petitioner once again filed W.P.No.4736 of 2021, seeking adequate police protection for fencing the northern side of the property; the said petition was disposed by giving direction to the learned Additional District Judge, Tiruppur to dispose I.A.Nos. 1 & 2 of 2019 in O.S.No.32 of 2019 within a period of four months; the said I.A.No.1 of 2019 has been filed by the plaintiffs in the suit for seeking temporary injunction against the respondents 4 and 5 and the other I.A.No.2 of 2019 was filed by the respondents 4 and 5 for rejecting the plaint; since the property remains unfenced, it is vulnerable and the petitioner is facing the risk of its safety; after purchasing the property, the present petitioner has also filed a complaint on 11.10.2021 to the third respondent police to take action against the respondents 4 and 5 for making illegal entry into the property and also to provide police protection for putting up the fence.
3.3. On 25.10.2021, at around 11.00 a.m., the fourth and fifth respondents entered into the property illegally by claiming that they are the owners of the property; whenever the petitioner makes representation to the police seeking police protection, the police protection is not at all given; hence he came forward with this writ petition seeking police protection for fencing the property in S.Nos. 54/2, 263/2, 263/4 and 267 for a total extent of 13 Acres 67 4/8 https://www.mhc.tn.gov.in/judis W.P.No.28240 of 2021 Cents at Vadugapalayam Village, Palladam Taluk, Tiruppur District.
4. Mr.A.Damodaran, learned Additional Public Prosecutor submitted that the matter is purely a civil in nature and without the order or judgment of the Court, the police cannot give protection to either of the parties; in view of the pending civil dispute, this petition should be dismissed.
5. The records would show that the vendors of the petitioner themselves have filed Crl.O.P.No.28807 of 2019, seeking police protection for the very same purpose. The said petition was disposed by directing the parties therein to workout the remedy before the Civil Court itself. Again, a writ petition was filed by the same parties in W.P.No.4736 of 2021 and in the said writ petition also it is observed that the pending civil dispute in O.S.No.32 of 2019 on the file of the learned Additional District Judge, Tiruppur should be expedited in the manner known to law.
6. Though the petitioner has filed this petition afresh, he only repeats the very same prayer raised by his vendors in the earlier Crl.O.P.No.28807 of 2019 and the writ petition in W.P.No.4736 of 2021. The petitioner and the 5/8 https://www.mhc.tn.gov.in/judis W.P.No.28240 of 2021 respondents 4 and 5 have got the dispute with regard to the title of the property situated in S.Nos. 54/2, 263/2, 263/4 and 267. In fact, the fifth respondent has filed the suit in O.S.No.32 of 2019 against the vendors of the petitioner for seeking the relief of partition and separate possession of their shares. The petitioner can have any valid title over the property only if the entitlement of his vendors is settled by the Civil Court in the suit filed in O.S.No.32 of 2019. The dispute which has to be settled by the Civil Court cannot take the form of a Writ Petition for police protection. On that scope, no direction as prayed by the petitioner can be granted.
7. In fact, the very same issue has already been surfaced in the earlier Criminal Original Petition and the Writ Petition filed by the predecessors of the petitioner. In the matters which are pending before the Civil Court, if police protection is given at the request of one party without any supportive materials like order or judgment of the Court, that will only complicate the situation on ground. The petitioner who had known about the outcome of the earlier petitions filed in this regard by his vendors, has filed this writ petition once again. It is nothing but abuse of process of the Court. Since the Court has already expressed its view and passed appropriate orders for the similar fact 6/8 https://www.mhc.tn.gov.in/judis W.P.No.28240 of 2021 situation, no different orders can be passed now.
8. In view of the above observation, this writ petition is dismissed. No costs.
Index: Yes/No 07.09.2022
Speaking / Non Speaking Order
gsk
To
1.The Superintendent of Police,
Tiruppur District.
2.The Deputy Superintendent of Police,
Palladam Taluk,
Tiruppur District.
3.The Inspector of Police,
Palladam Police Station,
Tiruppur District.
4.The Public Prosecutor,
High Court of Madras.
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W.P.No.28240 of 2021
R.N.MANJULA, J.
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W.P.No.28240 of 2021
07.09.2022
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