Madras High Court
R.Akiladevi vs The Inspector Of Police on 2 September, 2021
W.P.No.17972 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 02.09.2021
CORAM
THE HONOURABLE MR.JUSTICE M.NIRMAL KUMAR
W.P.No.17972 of 2021
R.Akiladevi ... Petitioner
Vs.
1.The Inspector of Police,
Elachipalayam Police Station,
Elachipalayam,
Namakkal District.
2.Subramani
3.Dhanam
4.Chandiran
5.Vijaya
6.Nandhakumar @ Annadurai
7.Radha ... Respondents
PRAYER: Writ Petition is filed under Article 226 of the Constitution of
India to issue a Writ of Mandamus, to direct the first respondent to grant
police protection to the petitioner property comprised in Old S.No.280/2
in New S.No.280/2F in Plot Nos.40,41,42 on total extent of 3825 Sq. Ft.,
situated at Arulvelavan Nagar, Nagarpalayam Village, Thiruchengodu
Taluk, Namakkal District, based on the complaint dated 18.08.2021
made by the petitioner within a reasonable time.
1/6
https://www.mhc.tn.gov.in/judis/
W.P.No.17972 of 2021
For Petitioner : Mr.C.B.Muralikrishnan
For R1 : Mr.A.Damodaran
Government Advocate (Crl. Side)
*****
ORDER
This Writ Petition is filed seeking direction to direct the first
respondent to grant police protection to the petitioner property comprised
in Old S.No.280/2 in New S.No.280/2F in Plot Nos.40,41,42 on total
extent of 3825 Sq. Ft., situated at Arulvelavan Nagar, Nagarpalayam
Village, Thiruchengodu Taluk, Namakkal District, based on the
complaint dated 18.08.2021 made by the petitioner within a reasonable
time.
2.The contention of the petitioner is that the petitioner is a rightful
owner of the above said property. The petitioner has filed an injunction
suit before the Sub Court, Thiruchengodu in O.S.No.88 of 2015 and
obtained an order in her favour. The respondent Nos.2 to 7 earlier
created forged documents and filed a suit in O.S.No.75 of 2013 for
specific performance. Initially both the cases were filed separately
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W.P.No.17972 of 2021
before the Sub Court, Thiruchengodu and thereafter both the suit in
O.S.No.75 of 2013 and O.S.NO.88 of 2015 were jointly tried by the Sub
Court, Thiruchengodu and by way of a common Judgment on
18.08.2020, the specific performance suit filed by R2 to R7 in O.S.No.75
of 2013 was dismissed and the suit filed by the petitioner in O.S.No.88 of
2015 was ordered in favour of the petitioner and granted permanent
injunction. Thereafter too in defiance to the Civil Court Judgment, the
respondent Nos.2 to 7 encroached upon the property of the petitioner.
Hence on 15.10.2020 the petitioner made a complaint before the first
respondent and the first respondent had issued the CSR.No.136 of 2020
on 04.12.2020 and no proper action has been taken.
3.Again the respondent Nos.2 to 7 had attempted to encroach upon
the property of the petitioner, thereafter the petitioner had filed a
Execution Petition in E.P.No.78 of 2020 for Contempt of Court as
against the respondent Nos.2 to 7. Despite the same on 15.08.2021, the
respondent Nos.2 to 7 are attempting to encroach upon the property of
the petitioner and disturb the petitioner's enjoyment and prevent the
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W.P.No.17972 of 2021
petitioner to put up fence in the above said land and hence, she had
lodged a complaint to the respondent police on the same day. The
respondent police had not taken any action. The respondent Nos.2 to 7
are continuously attempting to disturb the petitioner's enjoyment over the
property, since, the respondent police had not taken any action. The
CSR.No.136 of 2020 was closed after enquiry.
4.The respondent Nos.2 to 7 created problem in the petitioner's
land and damaged the agriculture field and feed for cow which was
stored in the vacant land of the petitioner on 18.08.2021 and some rowdy
elements came to the street with an intention to take away the petitioner's
possession in the land and in the above said situation the petitioner has
sent a complaint dated 18.08.2021 to the first respondent through post.
The petitioner had furnished the necessary documents in support of her
complaint. Hence this Writ petition is filed.
5.Heard the learned counsel for the petitioner and the learned
Government Advocate [Crl. Side] for the respondent police.
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W.P.No.17972 of 2021
6.Considering the submission and on perusal of the materials, this
Court finds that the petitioner is armed with the Civil Court Order. The
respondent police has to give proper direction to the petitioner by
following the case of Radhika Sri Hari and another Vs. The
Commissioner of Police and others reported in 2014 2 CTC 695 and
also directed the respondent Nos.2 to 7 not to indulge any such activities.
7.With the above observation, this Writ Petition stands disposed
of. However, there shall be no order as to costs.
02.09.2021
Index: Yes/No
Internet: Yes/No
ah
To
1.The Inspector of Police,
Elachipalayam Police Station,
Elachipalayam,
Namakkal District.
2.The Public Prosecutor,
High Court, Madras.
https://www.mhc.tn.gov.in/judis/
W.P.No.17972 of 2021
M.NIRMAL KUMAR, J.
ah
W.P.No.17972 of 2021
02.09.2021
https://www.mhc.tn.gov.in/judis/
