Madras High Court
M/S.Vgn Homes Private Limited vs The State Rep By on 24 January, 2022
W.P.No.925 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 24.01.2022
CORAM:
THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR
W.P.No.925 of 2022
M/s.VGN Homes Private Limited,
Rep by its Authorised Signatory,
Mr.D.S.Sekar,
Having office at No.333, Poonamalee High Road,
Aminjakarai,
Chennai – 600 029. ... Petitioner
Versus
1.The State Rep by,
The Sub Inspector of Police,
SRMC Police Station,
Chennai.
2.Ms.S.Amsa ... Respondents
PRAYER: Writ Petition filed under Article 226 of Constitution of
India, to issue a Writ of Mandamus, to direct the 1st respondent
police to give protection to the petitioner, or his agents, or his men to
construct the compound wall in their property particularly in respect
of the property of 1608 sq.ft., or 3 ½ cent of land in Survey
Page No.1 of 8
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W.P.No.925 of 2022
Number.81/1A and 81/1B, which extent of property was conveyed to
and possession being handed over to the petitioner vide E.P.
proceedings in E.P.No.123 of 2019 on the file of 2nd Additional
District Judge at Poonamallee Court, which property is situated at
the entrance of the larger extent of the petitioner's property, situated
at Srinivasapuram Village, formerly with Sriperumbudur Taluk,
presently with the Pallavaram Taluk, Kancheepuram District.
For Petitioner : Mr.J.Suresh
For R1 : Mr.E.Raj Thilak
Additional Public Prosecutor
ORDER
This writ petition is filed for issuance of a Writ of Mandamus,
directing the 1st respondent police to give protection to the petitioner,
to construct the compound wall in their property particularly in
respect of the property of 1608 sq.ft., or 3 ½ cent of land in Survey
Number.81/1A and 81/1B, which extent of property was conveyed to
and possession being handed over to the petitioner vide E.P.
proceedings in E.P.No.123 of 2019 on the file of 2nd Additional
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W.P.No.925 of 2022
District Judge at Poonamallee Court.
2. The Managing Director of petitioner company had entered
into a sale agreement for purchase of lands with one Janobai and
others, in respect to property of extent of 10 Acres and 88 Cents
comprised in Survey Nos.65/17, 68/2, 79/1, 79/2, 79/3, 79/4A,
79/4B, 81/1, 81/2, 82/1, 82/2, 84, 85, 86, 97/1, 98/1, 98/2, 99/1,
99/2, 99/4, 99/5, 100/1, 123, situated at Srinivasapuram village,
formerly with Sriperumbudur Talulk, presently with the Pallavaram
Taluk, Kancheepuram District. The vendors have failed to execute
sale deed in spite of repeated demands. Thereafter, a Civil Suit in
O.S. No.222 of 2004 was filed before the Additional District Judge,
(Fast Track No.III, Poonamallee) by the Managing Director of
petitioner company. After contest, the case ended in favour of the
petitioner company. Thereafter, the vendors preferred an appeal in
A.S. No.1114 of 2007 before this Court. This Court, by its judgment
dated 07.03.2012, dismissed the appeal preferred by the vendors.
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W.P.No.925 of 2022
Against which the vendors have preferred an appeal before the
Hon'ble Supreme Court in S.L.P. (Civil) No.15460 of 2013 and the
same was dismissed on 01.07.2013. Thereafter, the petitioner had
filed an execution petition in E.P. No.123 of 2019 and according the
E.P. proceedings dated 03.12.2019, property was handed over and it
was recorded as follows:
“Immovable property delivered on 15.11.2019. Surveyor,
VAO, VAO Assistant, DHR endorsed. Delivery effected. Amina
report received, Delivery confirmed and recorded. Accordingly
E.P. is terminated.”
3. The petitioner company plotted the residential property into
residential house sites after getting all the necessary approvals from
the Statutory Authorities including CMDA and CMDA layout plan
No.PPD/LO.11/2020 dated 11.02.2020. The petitioner had sold the
plots to various prospective purchasers and the purchasers also have
put up constructions in their respective lands. For safety and security
and considering the well being of the purchasers of the residents, the
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W.P.No.925 of 2022
petitioner company started construction of compound wall to the
entire extent of 10 Acres and 83 Cents and 90% of compound wall
around the suit property is almost completed. On 03.12.2021, the
petitioner hired a JCB for clear debris for constructing the remaining
portion of compound wall. At that stage, the nephew of second
respondent had created a problem grouping with goondas by
trespassing the petitioner's property and forcibly stopped the
construction. The sons of soil theory seems to be running high there
and they are demanding hefty amount from the petitioner to
complete the remaining portion of construction work and also with
the background of politically influential people, they claimed right
over a piece of 1608 sq.ft or 3 ½ cent of land in Survey No.81/1A
and 81/N at the entrance of the property, so that it can be utilized by
them for commercial activities in future.
4. The petitioner company objected to the same. Further,
putting up commercial establishments at the entrance would create
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W.P.No.925 of 2022
nuisance and also the serene atmosphere of the residence. The police
seems to be turning other side whenever a complaint was lodged and
no protection was given to the petitioner company. In fact, a
complaint has been registered against the employee of the petitioner
company in Cr. No.961 of 2021 for the offences under Section 147,
148, 427 IPC on a complaint given by one Karunakaran alleging that
there was some damage to the compound wall. Against which the
employees have filed a quash petition in Crl. No.25750 of 2021
which is pending before this Court.
5. Learned counsel for the petitioner submitted that on
summons to the respondents in Crl. No.25750 of 2021, it has been
returned with endorsement that “No such person is available”. Thus
the local chieftains are adopting all dubious method to extract money
from the petitioner. The respondent police is also not acting to the
complaint of the petitioner.
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W.P.No.925 of 2022
6. Considering the submissions and perusal of the materials
filed along with the typed set of papers, this Court directs the Deputy
Commissioner of Police, Ambattur, to receive complaint from the
petitioner and verify the documents and thereafter, to depute
responsible personnel so that, the petitioner company shall complete
the construction of compound wall in the property.
7. With the above direction, this Writ Petition is disposed of.
No costs.
24.01.2021
Index: Yes/No
Internet: Yes/No
bkn/jas
https://www.mhc.tn.gov.in/judis
W.P.No.925 of 2022
M.NIRMAL KUMAR, J.
jas/bkn
To
1. The Sub Inspector of Police,
SRMC Police Station,
Chennai.
2. The Deputy Commissioner of Police,
Ambattur, Chennai.
W.P.No.925 of 2022
24.01.2022
https://www.mhc.tn.gov.in/judis
