Madras High Court
N.M.G.Asan Abdul Kader vs The Superintendent Of Police on 19 September, 2023
W.P.(MD)No.12219 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
Dated : 19.09.2023
CORAM
THE HON'BLE DR.JUSTICE D.NAGARJUN
W.P.(MD)No.12219 of 2023
N.M.G.Asan Abdul Kader
... Petitioner
Vs.
1. The Superintendent of Police,
Ramanathapuram.
2. The Inspector of Police,
Ervadi Police Station,
Ramanathapuram District.
3.Rubeela
4.Pullani ... Respondents
PRAYER : Writ Petition filed under Article 226 of the Constitution of India, to issue
a Writ of Mandamus directing the respondents 1 and 2 to provide adequate police
protection for the petitioner's peaceful possession and enjoyment of landed property
situated in Ramanathapuram District, Ervadi Village, Punjai S.F.No.218/1 with total
extent of Acre 2.70 in furtherance of judgment and decree in O.S.No.8 of 1995 dated
25.04.2008 DMC Muthukulathur, based on the petitioner's representation dated
06.05.2023.
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W.P.(MD)No.12219 of 2023
For Petitioner : Mr.R.S.Sivaram
For Respondents : Mr.B.Thanga Aravindh
Government Advocate (Crl. Side)
ORDER
This petition is filed seeking a direction to the respondents 1 and 2 police to
provide adequate police protection for the peaceful possession and enjoyment of the
property situated at S.F.No.218/1, Ervadi Village, admeasuring to an extent of 2.70
Acres in Ramanathapuram District, in furtherance of judgment and decree in
O.S.No.8 of 1995 dated 25.04.2008 based on the representation of the petitioner
dated 06.05.2023.
2. As per the affidavit enclosed in this petition, the immovable property to an
extent of 2 acres and 70 cents in S.F.No.218/1 at Ervadi Village was purchased by
the petitioner's father by name Late.N.M.Kani vide registered sale deed No.715 of
1968 dated 23.05.1968 and since then the petitioner's father has been in possession
and enjoyment of the property. After his death, the petitioner and his family
members have been in possession and enjoyment of the same. All the revenue
records are in the name of the petitioner were mutated and patta No.1791 was also
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W.P.(MD)No.12219 of 2023
granted in his favour. It is also submitted that there is a dilapidated house in the
landed property.
3. The mother of the third respondent has filed a suit for partition against the
petitioner's father and his vendor Abbas on the file of the District Munsif Court,
Mudhukulathur in O.S.No.8 of 1995 claiming 80 cents of the land in the above said
property. On account of the death of the petitioner's father during the pendency of
the suit, the petitioner and other legal heirs of his father were impleaded in the suit.
After full-fledged trial, the said suit was dismissed vide judgment dated 25.04.2008
confirming the title of the petitioner over the said property.
4. On 21.05.2023, when the petitioner was cleaning the property purchased by
his father by removing bushes, the third respondent along with the legal heirs of the
fourth respondent quarreled with the petitioner's workman. The petitioner has filed
a complaint to police who have reached the said land and informed the police that
the unofficial respondents are interfering without any right. The petitioner has filed
a written complaint before the first respondent police which was registered in
C.S.R.No.114 of 2023. As per G.O.Ms.No.1580 Home (POL.VIII) Department dated
24.11.2008, the respondents police required to provide police protection. However,
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W.P.(MD)No.12219 of 2023
since the respondents police have not been responding, the directions are sought for.
5. Notice given to the unofficial respondents. Though they appeared before the
Court, no counter is filed.
6. Heard learned counsel for the petitioner as well as the learned counsel
appearing for the respondents 3 and 4 and perused the record.
7. The Government has issued G.O.Ms.No.1580 dated 24.11.2008 wherein in
Annexure-2, guidelines were given to the police officers to be followed while
dealing with the disputes relating to land and money matters. He has further
submitted that the respondents police will follow the directions of this Court and
provide protection in case it is necessary as per G.O.Ms.No.1580 dated 24.11.2008.
8. As per the submissions made by learned counsel for the petitioner, the
petitioner and his family members are the owners of the property situated in S.F.No.
218/1 at Ervadi Village and that there is also no record the unofficial respondents
have no interest or possession or title over the said property. The petitioner sought
for providing police protection. In case if the police direction is not granted, the
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W.P.(MD)No.12219 of 2023
unofficial respondents may likely to interfere with the possession of the petitioners
and to prevent the petitioners from enjoying the same which amounts to infringing
the rights of the petitioner and also amounts to trespassing into the property
belonging to the petitioners.
9. Learned counsel for the respondents submits that the petitioner has
suppressed the fact that the mother of the third respondent has filed an application
before the appellate Court for restoring A.S.No.1 of 2009 along with an application
to condone the delay and the same is pending. It is also further submitted that with
the help of the police, the petitioner is trying to dispossessing the third respondent
from the possession and enjoyment of 70 cents of land. Merely because the mother
of the third respondent has filed an application for restoring A.S.No.1 of 2009 which
was dismissed for default does not automatically create any right in favour of the
third respondent against the petitioner. The civil Court has dismissed O.S.No.8 of
1995 by holding that mother of third respondent has no right in the land in S.F.No.
218/1 at Ervadi Village. Therefore, non mentioning of pendency of I.A. will not in
any way affects the rights of the third respondent.
10. Learned counsel for the petitioner submits that the petitioner has been in
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possession in the entire property including 70 cents which is being claimed by the
third respondent and patta was also granted in their favour and land revenue is
being paid by them and they are in a possession and that the third respondent is not
in a possession of the said property.
(*)"The mother of the third respondent has filed a suit for partition against
the petitioner's father and his vendor Abbas on the file of the District Munsif Court,
Mudhukulathur in O.S.No.8 of 1995 claiming 80 cents of the land in the above said
property. On account of the death of the petitioner's father during the pendency of
the suit, the petitioner and other legal heirs of his father were impleaded in the suit.
After full-fledged trial, the said suit was dismissed vide judgment dated 25.04.2008
confirming the title of the petitioner over the said property.
11. This Court has no record as to who is in possession of the property and
that this Court cannot also embark upon enquiry as to who is in possession of the
property. This petition is filed for a simple direction to provide police protection.
Considering the submissions on both sides and on a perusal of the record, this
petition is disposed of directing the first respondent police to consider the
representation of the petitioner dated 06.05.2023 on the strength of the civil Court
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W.P.(MD)No.12219 of 2023
decree and if satisfied that the petitioner is in possession of the property by
following the guidelines issued vide proceedings in G.O.Ms.No.1580 Home
(POL.VIII) Department dated 24.11.2008, as quickly as possible not later than four
weeks from the date of receipt of a copy of this order. No costs."
(*)Corrected as per the vide Court order dated
27.09.2023 made in W.P.(MD)No.12219 of 2023
Sd/-
Assistant Registrar(CS-III)
// True Copy //
/10/2023
Sub Assistant Registrar(CS )
PKN
To
1. The Superintendent of Police,
Ramanathapuram.
2. The Inspector of Police,
Ervadi Police Station,
Ramanathapuram District.
3.The Additional Public Prosecutor,
Madurai Bench of Madras High Court,
Madurai.
+1 CC to M/s.R.S.SIVARAM, Advocate ( SR-43668[F] dated 20/09/2023 )
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W.P.(MD)No.12219 of 2023
+1 CC to M/s.B.ARUN, Advocate ( SR-43827[F] dated 21/09/2023 )
W.P.(MD).No.12219 of 2023
19.09.2023
AMS/13.10.2023 8P 6C
Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023
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