Madras High Court
N.Durairaj vs The Superintendent Of Police on 11 May, 2023
W.P.No.15281 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 11.05.2023
CORAM:
THE HONOURABLE MR.JUSTICE SUNDER MOHAN
W.P. No.15281 of 2023
and W.M.P.No.14766 of 2023
N.Durairaj ... Petitioner
Versus
1.The Superintendent of Police
O/o. the Superintendent of Police
Villupuram District
Tamil Nadu
2.The Station House Officer
Kottakuppam Police Station
Kottakuppam
Villupuram District ... Respondents
PRAYER: Writ Petition is filed under Article 226 of Constitution of India,
pleased to issue a Writ of Mandamus, directing the 2nd respondent to give
sufficient police protection to petitioner and his property for completion of
fencing work in his property comprised in Old survey No. 23/2 with
corresponding Re-survey No.100/1A1, New survey No.454 of Kottakuppam
Revenue village, Sub Registration District at Vanur, Tindivanam District
Registration office, Vanur Taluk, Villupuram District measuring to an
extent 70 cents of Land based on the complaints/representation dated
24.1.2022, 01.4.2023 and 1.5.2023 submitted by the petitioner and his
father.
Page 1 of 5
https://www.mhc.tn.gov.in/judis
W.P.No.15281 of 2023
For Petitioner : Mr.Prakash Adiapadam
For Respondents : Mr.E.Raj Thilak
Additional Public Prosecutor
ORDER
The Writ Petition has been filed to direct the the 2nd respondent to
give sufficient police protection to petitioner and his property for
completion of fencing work in his property comprised in Old survey No.
23/2 with corresponding Re-survey No.100/1A1, New survey No.454 of
Kottakuppam Revenue village, Sub Registration District at Vanur,
Tindivanam District Registration office, Vanur Taluk, Villupuram District
measuring to an extent 70 cents of Land based on the
complaints/representation dated 24.1.2022, 01.4.2023 and 1.5.2023
submitted by the petitioner and his father.
2. The learned Additional Public Prosecutor submitted that the
petitioner has not impleaded the private parties, who, according to the
petitioner are interfering in his possession. This Court cannot grant a blanket
direction without hearing the opposite parties. However, it is submitted by
the learned counsel for the petitioner that they had given representations
dated 24.1.2022, 01.04.2023 and 01.05.2023 to the respondents. The learned
https://www.mhc.tn.gov.in/judis
W.P.No.15281 of 2023
counsel further submits that the there are Civil Court Orders in favour of the
petitioner and the respondents are bound to consider the petitioner's
representation as per the G.O.(3D) No.42, Home, dated 30.06.2008 which
has been considered by this Court in several cases including the judgment of
this Court in the case of Radhika Sri Hari and another Vs. Commissioner of
Police, Coimbatore City, Coimbatore reported in (2014) 2 CTC 695.
3. Heard the learned Counsel appearing for the petitioner and the
learned Additional Public Prosecutor appearing for the respondents and
perused the materials placed on record.
4. In view of the above facts and circumstances of the case, this Court
directs the second respondent to consider the petitioner's representations
dated 24.1.2022, 01.04.2023 and 01.05.2023, conduct an enquiry and take
appropriate action after providing opportunity of hearing to the petitioner as
well as the opposite parties in accordance with terms of G.O.(3D) No.42,
Home, dated 30.06.2008.
https://www.mhc.tn.gov.in/judis
W.P.No.15281 of 2023
5. The Writ Petition stands disposed of with the above directions. No
costs. Consequently, connected miscellaneous petition stands closed.
11.05.2023
dhk
Index :Yes/No
Internet:Yes/No
To
1.The Superintendent of Police
O/o. the Superintendent of Police
Villupuram District
Tamil Nadu
2.The Station House Officer
Kottakuppam Police Station
Kottakuppam
Villupuram District
SUNDER MOHAN, J.
https://www.mhc.tn.gov.in/judis
W.P.No.15281 of 2023
dhk
W.P. No.15281 of 2023
11.05.2023
https://www.mhc.tn.gov.in/judis
