Madras High Court
P.Senthilkumar vs The Superintendent Of Police on 7 September, 2022
W.P.No.28240 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 07.09.2022
CORAM:
THE HON'BLE Ms.JUSTICE R.N.MANJULA
W.P.No.28240 of 2021
P.Senthilkumar
... Petitioner
Vs.
1.The Superintendent of Police,
Tiruppur District.
2.The Deputy Superintendent of Police,
Palladam Taluk,
Tiruppur District.
3.The Inspector of Police,
Palladam Police Station,
Tiruppur District.
4.P.Sivakumar
5.Gandhimathy
... Respondents
PRAYER : Writ Petition is filed under Article 226 of the Constitution of India
to issue a Writ of Mandamus, directing the third respondent to provide adequate
police protection to the petitioner for putting up fence on the northern side
portion of the petitioners' land in Survey Nos.54/2, 263/2, 263/4 and 267 for a
total extent of 13.67 acres, Vadukapalayam Village, Palladam Taluk, Tiruppur
District.
1/8
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W.P.No.28240 of 2021
For Petitioner : Mr.S.Suresh for
Mr.B.Parthiban
For Respondents : Mr.A.Damodaran, APP for R1 to R3
ORDER
This Writ Petition has been preferred to direct the third respondent to
provide adequate police protection to the petitioner for putting up fence on the
northern side portion of the petitioners' land in Survey Nos.54/2, 263/2, 263/4
and 267 for a total extent of 13.67 acres, Vadukapalayam Village, Palladam
Taluk, Tiruppur District.
2. Heard Mr.S.Suresh, learned counsel for the petitioner,
Mr.A.Damodaran, learned Additional Public Prosecutor appearing for the
respondents 1 to 3 and also perused the materials placed on record.
3. Mr.S.Suresh, learned counsel for the petitioner submitted that the
lands comprised in S.Nos.54/2, 263/2, 263/4 and 267 are the lands belonging to
the petitioner; since the petitioner is an absentee land owner, the fourth and fifth
respondents took advantage of the same and entered into the property with the
help of henchmen and hooligans in the year September 2021; in the meanwhile,
the fifth respondent Gandhimathi filed a writ petition in W.P.No.7469 of 2019,
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W.P.No.28240 of 2021
before this Court for seeking a Writ of Prohibition against the Revenue officials
from conducting enquiry with regard to the above said property; as per the
direction of this Court dated 05.07.2019, the Revenue officials viz., Tahsildar,
Surveyor and others with the help of police personnels had conducted the
survey based on the revenue records in the presence of Government Advocate
viz., Mr.S.Kamalesh Kannan who was appointed by this Court.
3.1. Though the property was measured, identified and boundaries have
been fixed, the petitioner is not able to complete fencing work around the said
property; since the respondents 4 and 5 were causing troubles for fencing the
property even to the erstwhile owners of the property, they have given a
criminal complaint against the respondents 4 and 5 and a case has been
registered in FIR No.192 of 2019 in Palladam Police Station.
3.2. It is further submitted that the vendors of the petitioner have also
filed Crl.O.P.No.28807 of 2019 for seeking police protection for fencing the
property; a suit has also been filed in this regard in O.S.No.32 of 2019 and is
pending on the file of II Additional District Judge, Tiruppur; this Court has
passed an order in Crl.O.P.No.28807 of 2019 on 16.03.2020 directing the
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W.P.No.28240 of 2021
parties to workout their remedy before the Civil Court; however, the vendors of
the petitioner once again filed W.P.No.4736 of 2021, seeking adequate police
protection for fencing the northern side of the property; the said petition was
disposed by giving direction to the learned Additional District Judge, Tiruppur
to dispose I.A.Nos. 1 & 2 of 2019 in O.S.No.32 of 2019 within a period of four
months; the said I.A.No.1 of 2019 has been filed by the plaintiffs in the suit for
seeking temporary injunction against the respondents 4 and 5 and the other
I.A.No.2 of 2019 was filed by the respondents 4 and 5 for rejecting the plaint;
since the property remains unfenced, it is vulnerable and the petitioner is facing
the risk of its safety; after purchasing the property, the present petitioner has
also filed a complaint on 11.10.2021 to the third respondent police to take
action against the respondents 4 and 5 for making illegal entry into the property
and also to provide police protection for putting up the fence.
3.3. On 25.10.2021, at around 11.00 a.m., the fourth and fifth
respondents entered into the property illegally by claiming that they are the
owners of the property; whenever the petitioner makes representation to the
police seeking police protection, the police protection is not at all given; hence
he came forward with this writ petition seeking police protection for fencing the
property in S.Nos. 54/2, 263/2, 263/4 and 267 for a total extent of 13 Acres 67
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W.P.No.28240 of 2021
Cents at Vadugapalayam Village, Palladam Taluk, Tiruppur District.
4. Mr.A.Damodaran, learned Additional Public Prosecutor submitted that
the matter is purely a civil in nature and without the order or judgment of the
Court, the police cannot give protection to either of the parties; in view of the
pending civil dispute, this petition should be dismissed.
5. The records would show that the vendors of the petitioner themselves
have filed Crl.O.P.No.28807 of 2019, seeking police protection for the very
same purpose. The said petition was disposed by directing the parties therein to
workout the remedy before the Civil Court itself. Again, a writ petition was
filed by the same parties in W.P.No.4736 of 2021 and in the said writ petition
also it is observed that the pending civil dispute in O.S.No.32 of 2019 on the
file of the learned Additional District Judge, Tiruppur should be expedited in the
manner known to law.
6. Though the petitioner has filed this petition afresh, he only repeats the
very same prayer raised by his vendors in the earlier Crl.O.P.No.28807 of 2019
and the writ petition in W.P.No.4736 of 2021. The petitioner and the
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W.P.No.28240 of 2021
respondents 4 and 5 have got the dispute with regard to the title of the property
situated in S.Nos. 54/2, 263/2, 263/4 and 267. In fact, the fifth respondent has
filed the suit in O.S.No.32 of 2019 against the vendors of the petitioner for
seeking the relief of partition and separate possession of their shares. The
petitioner can have any valid title over the property only if the entitlement of his
vendors is settled by the Civil Court in the suit filed in O.S.No.32 of 2019. The
dispute which has to be settled by the Civil Court cannot take the form of a Writ
Petition for police protection. On that scope, no direction as prayed by the
petitioner can be granted.
7. In fact, the very same issue has already been surfaced in the earlier
Criminal Original Petition and the Writ Petition filed by the predecessors of the
petitioner. In the matters which are pending before the Civil Court, if police
protection is given at the request of one party without any supportive materials
like order or judgment of the Court, that will only complicate the situation on
ground. The petitioner who had known about the outcome of the earlier
petitions filed in this regard by his vendors, has filed this writ petition once
again. It is nothing but abuse of process of the Court. Since the Court has
already expressed its view and passed appropriate orders for the similar fact
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W.P.No.28240 of 2021
situation, no different orders can be passed now.
8. In view of the above observation, this writ petition is dismissed. No
costs.
Index: Yes/No 07.09.2022
Speaking / Non Speaking Order
gsk
To
1.The Superintendent of Police,
Tiruppur District.
2.The Deputy Superintendent of Police,
Palladam Taluk,
Tiruppur District.
3.The Inspector of Police,
Palladam Police Station,
Tiruppur District.
4.The Public Prosecutor,
High Court of Madras.
https://www.mhc.tn.gov.in/judis
W.P.No.28240 of 2021
R.N.MANJULA, J.
gsk
W.P.No.28240 of 2021
07.09.2022
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