Chandra vs The Deputy Commissioner Of Police
2021 Latest Caselaw 4734 Mad

                                                                         W.P No.4157 of 2010

                             IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                               Dated : 23.02.2021

                                                      C O RAM

                              The Hon'ble Mr. Justice N.ANAND VENKATESH

                                       Writ Petition No.4157 of 2021

                 Chandra, W/o.D.Selvam                                              ... Petitioner

                                                      Vs.

                 1. The Deputy Commissioner of Police,
                    St. Thomas Mount,
                    Chennai-600 013.

                 2. The Inspector of Police
                    S-15, Selaiyur Station,
                    Chennai.

                 3. Rajammal, W/o.Ramasamy Naicker                             ...Respondents

                 PRAYER: Writ Petition filed under Article 226 of Constitution of India,
                 seeking Writ of Mandamus directing respondents 1 and 2 herein to consider
                 representation dated 05.10.2020 and provide adequate police protection to
                 surveying and put up fencing the land in survey No.289/A situated at Plot
                 No.20, Srinivasa Nagar, Selaiyur Village, Tambaram Taluk, Kanchipuram
                 District.
                                     For Petitioner         : Mr.D.Magesh
                                     For Respondents        :Mr.M.Mohammed Riyaz
                                                             Additional Public Prosecutor
                                                             for R1 & R2

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                                                                             W.P No.4157 of 2010


                                                      ORDER

This writ petition has been filed for issuance of a Writ of

Mandamus, directing the respondent police to consider the representation

made by the petitioner on 05.10.2020 wherein the petitioner is seeking for

police protection in order to conduct the survey in the subject property and

for fencing the property.

2. The case of the petitioner is that the third respondent was

claiming right and title over the subject property and hence, filed a suit in

O.S.No.301 of 2005 before the District Munsif Court, Tambaram, against

the petitioner and three others seeking for the relief of permanent injunction.

This suit came to be dismissed by judgment and decree dated 30.03.2005.

The same was confirmed in Appeal in A.S.No.29 of 2010 and further

confirmed by this Court in S.A.No.372 of 2018 by judgment and decree

dated 25.07.2018.

3. The grievance of the petitioner is that in spite of losing before all the

Courts, the third respondent continues to interfere with the possession and

enjoyment of the property and is not even allowing the petitioner to survey

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the property and fence the same. A complaint was given in this regard to the

second respondent and the same has been assigned CSR No.723 of 2020.

According to the petitioner, no enquiry has been conducted and the

petitioner is not able to survey the subject property and fence the property.

Left with no other option, the present writ petition has been filed before this

court.

4. Heard Mr.D.Magesh, learned counsel for the petitioner and

Mr.M.Mohamed Riyaz, learned counsel for the respondents 1 and 2.

5. Taking into consideration the facts and circumstances of the

case and also of the fact that the claim made by the third respondent has

been rejected up to this Court in the Second Appeal, the third respondent

will not have any right to interfere with the possession and enjoyment of the

petitioner in the subject property. The third respondent cannot prevent the

petitioner from surveying the property and fencing the property. The second

respondent is directed to call the parties for an enquiry and inform the third

respondent not to interfere with the possession and enjoyment of the

property. If in spite of such instructions, the third respondent creates any

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threat or law and order problem himself or through some others, the second

respondent shall take immediate action strictly in accordance with law. The

second respondent shall provide police protection at the time of survey and

fencing of the property. If any charges are payable by the petitioner in this

regard, the same shall also be paid to the second respondent.

6.The petitioner is directed to make a fresh representation to the

second respondent along with all the relevant documents and also a copy of

this order.

7.This writ petition is disposed of accordingly. No costs.

                                                                                   23.02.2021

                 Index     : Yes/No

                 Internet : Yes/No

                 kal

Note: Issue Order copy on 26.02.2021

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To

1. The Deputy Commissioner of Police, St. Thomas Mount, Chennai-600 013.

2. The Inspector of Police S-15, Selaiyur Station, Chennai.

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N.ANAND VENKATESH,J

kal

Writ Petition No.4157 of 2021

23.02.2021

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