Madras High Court
N.Deivathal vs The Director General Of Police ... on 16 February, 2021
W.P.No.3430 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED:16.02.2021
CORAM:
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH
W.P.No.3430 of 2021
1.N.Deivathal, W/o.Nachimuthu
2.E.Saraswathi, W/o.Eswaran
3.K.Arunachalam, S/o.Karruppasamy ... Petitioners
Vs.
1. The Director General of Police (DGP),
Office of the Director General of Police,
Dr. Radhakrishnan Road, Chennai-4.
2. The Superintendent of Police,
Office of the Superintendent of Police,
Trippur District.
3. The Deputy Superintendent of Police,
Office of the Deputy Superintendent of Police,
Palladam.
4. The Inspector of Police,
P1, Palladam Police Station,
Palladam.
5. Palanisamy, S/o.Rangasamy
6. Saraswathi, W/o.Ramasamy
https://www.mhc.tn.gov.in/judis/
Page No.1/6
W.P.No.3430 of 2021
7. Lakhsmi, W/o.Easwaramoorthy
8. Sumathi, W/o.Velusamy
9. Harisankar, S/o.Velusamy
10.Ravisankar, S/o.Velusamy
11.Baby, W/o.Subramaniam
12.Swathi, D/o.Subramaniam
13.Bharathi, D/o.Subramaniam ...Respondents
PRAYER: Writ Petition filed under Article 226 of Constitution of India,
seeking Writ of Mandamus directing 4th respondent to provide police
protection based on the petitioners representation dated 21.12.2020
to construct the petitioners land compound wall in the light of the trial
Court decreed suit in O.S.No.347 of 2018 order dated 27.11.2020 in
favour of the petitioners.
For Petitioners : Mr.B.Chandran
For Respondents : Mr.M.Mohamed Riyaz for R1 to R4
ORDER
This writ petition has been filed for issuance of writ
of Mandamus directing the respondent police to provide police
protection to the petitioners to enable them to construct a compound
wall around the subject property.
https://www.mhc.tn.gov.in/judis/
Page No.2/6
W.P.No.3430 of 2021
2. The case of the petitioners is that the private
respondents had already filed a suit for partition in O.S.No.347 of 2018
against the petitioners and the said suit was dismissed by the Sub
Court, Palladam through judgment and decree dated 27.11.2020. The
further case of the petitioners is that they attempted to put up a
compound wall around their property. This was resisted by the private
respondents and the petitioners were also threatened. Hence, a
complaint was given to the respondent police seeking for police
protection on 21.12.2020. Since the same was not considered, the
present writ petition has been filed before this Court.
3. Heard Mr.B.Chandran, the learned counsel for the
petitioners and Mr.M.Mohamed Riyaz, the learned Additional Public
Prosecutor for R1 to R4.
4. In the considered view of this Court, if the private
respondents are preventing the petitioners from putting up a
compound wall around the property, the petitioners will have to
https://www.mhc.tn.gov.in/judis/
Page No.3/6
W.P.No.3430 of 2021
necessarily file a suit for injunction against the private respondents
and agitate their rights before the competent civil Court. The police
will have no role to play at this stage and therefore, no direction can
be issued to the police to provide for police protection. Except giving
this liberty to the petitioners, no further orders can be passed in this
writ petition.
This writ petition is disposed of accordingly. No costs.
16.02.2021
Index:Yes/No
Internet:Yes/No
kal
https://www.mhc.tn.gov.in/judis/
Page No.4/6
W.P.No.3430 of 2021
To
1. The Director General of Police (DGP),
Office of the Director General of Police,
Dr. Radhakrishnan Road, Chennai-4.
2. The Superintendent of Police,
Office of the Superintendent of Police,
Trippur District.
3. The Deputy Superintendent of Police,
Office of the Deputy Superintendent of Police,
Palladam.
4. The Inspector of Police,
P1, Palladam Police Station,
Palladam.
5. The Public Prosecutor
High Court, Madras.
https://www.mhc.tn.gov.in/judis/
Page No.5/6
W.P.No.3430 of 2021
N.ANAND VENKATESH, J
kal
W.P.No.3430 of 2021
16.02.2021
https://www.mhc.tn.gov.in/judis/
Page No.6/6
