Madras High Court
A.Periyasamy vs The Superintendent Of Police on 25 January, 2022
W.P.No.25927 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 25.01.2022
CORAM:
THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR
W.P.No.25927 of 2021
A.Periyasamy ... Petitioner
Versus
1.The Superintendent of Police
Namakkal
Namakkal District.
2.The Inspector of Police
Thingalur Police Station
Erode District.
3.The Sub Inspector of Police
Thingalur Police Station
Erode District.
4.Samiyappan ... Respondents
PRAYER: Writ Petition is filed under Article 226 of the Constitution of
India, to issue a Writ of Mandamus, directing the respondents 1 to 3 herein
to provide police protection to the petitioner to put up a fence around his
Page No.1 of 6
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W.P.No.25927 of 2021
property comprised in S.No.263/6 measuring to an extent of 0.03.5
hectares situated in Singanallur Village, Perundurai Taluk by considering
the petitioner's representation dated 27.10.2021.
For Petitioner : Mr.M.Guruprasad
For Respondents : Mr.E.Raj Thilak for R1 to R3
Additional Public Prosecutor
ORDER
This Writ petition is filed to issue a Writ of Mandamus
directing the respondents 1 to 3 herein to provide police protection to the
petitioner to put up a fence around his property comprised in S.No.263/6
measuring to an extent of 0.03.5 hectares situated in Singanallur Village,
Perundurai Taluk by considering the petitioner's representation dated
27.10.2021.
2. The contention of the petitioner is that a property
comprised in 263/6 belongs to his father and after his demise, he is in
absolute possession and enjoyment of the same. The fourth respondent
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W.P.No.25927 of 2021
herein/Samiappan started causing hindrance in the usage of his property in
order to grab the same. Thereafter, the petitioner filed a Civil Suit in
O.S.No.51 of 2015 before the District Munsif Court, Perundurai. The
fourth respondent in his evidence as RW1 had stated that the petitioner has
2.75 acres of land in S.No.263/6 and he has no right in the said property
and he admitted the ownership and portion of the petitioner. The Trial
Court by the order dated 31.01.2020 found that the objection of one
Samiappan appeared to be unreasonable and decreed the suit granting
permanent injunction. Subsequently, the fourth respondent sent a
representation to the Revenue Divisional Officer, Erode seeking patta in
S.No.263/6 and after detailed enquiry, the same was dismissed, against
which, no appeal was preferred by the fourth respondent. Even thereafter,
the fourth respondent is trying very had to grab his property. Hence, the
petitioner trying to put up a fence around his land in S.No.263/6, but the
same was objected by the fourth respondent. Hence, he sent a
representation to the fourth respondent seeking police protection, but the
respondent Police has not taken any action. Hence, the present petition.
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W.P.No.25927 of 2021
3. The learned Additional Public Prosecutor submits that on
the complaint of the petitioner, CSR.No.20 of 2021 was assigned.
Thereafter, both the parties were called on 24.10.2021 and advised them to
approach the Civil Court.
4. At this stage, the learned counsel for the petitioner submits
that there is no such meeting and the petitioner never agreed to approach
the Civil Court since the fourth respondent admitted in his evidence about
the possession and enjoyment of the petitioner and he already got his
remedy before the Civil Court. Added to it, the Revenue Authority also
confirmed the same.
5. In view of the same, this Court directs the petitioner to
appear before the respondent Police along with judgment and decree dated
31.01.2020 in O.S.No.51 of 2015 and other relevant documents and give
his explanation. Thereafter, the respondent Police shall provide necessary
protection to the petitioner to fence the subject property.
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W.P.No.25927 of 2021
6. With the above directions, this Writ Petition is disposed of.
No costs.
25.01.2022
Index: Yes/No
Internet: Yes/No
dna
To
1.The Superintendent of Police
Namakkal
Namakkal District.
2.The Inspector of Police
Thingalur Police Station
Erode District.
3.The Sub Inspector of Police
Thingalur Police Station
Erode District.
4.The Public Prosecutor,
High Court, Madras.
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W.P.No.25927 of 2021
M.NIRMAL KUMAR, J.
dna
W.P.No.25927 of 2021
25.01.2022
https://www.mhc.tn.gov.in/judis
