P.Shanmugam vs /
2024 Latest Caselaw 15314 Mad

Madras High Court

P.Shanmugam vs / on 7 August, 2024

Author: G.Jayachandran

Bench: G.Jayachandran

                                                                                 W.P.No.15127 of 2024

                              IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                               DATED : 07.08.2024

                                                    CORAM

                             THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN

                                          W.P.No.15127 of 2024
                                     & W.M.P.Nos.16434 & 16435 of 2024

                1. P.Shanmugam.
                2. P.Kumar.                                         ... Petitioners

                                                    /versus/
                1. Union Territory of Puducherry.
                Government of Puducherry.
                The Secretary,
                Puducherry.

                2. The Inspector of Police,
                Thirubuvanai Police Station,
                Puducherry.

                3. Samraj.
                4. Rajaram.
                5. Kamalam.
                6. Dhanasekaran.
                7. Vijaya.
                8. Gowri.
                9. Gopal.
                10. Savithiri.                                      ... Respondents

                Prayer: Writ Petition has been filed under Article 226 of Constitution of India,
                to issue a Writ of Mandamus directing the 2nd respondent to give adequate
                Police Protection to the petitioner's property situate in Re-Survey No.10/6 to an
                extent of 52 Kuzhis in Madagadipet Village, Mannadipatti Commune,
https://www.mhc.tn.gov.in/judis
                1/4
                                                                                  W.P.No.15127 of 2024

                Pondicherry enabling the petitioners to fence their property and pass orders.


                                        For Petitioner     : Mr.D.Ravichander
                                        For R1 & R2        : Mr.K.S.Mohan Dass,
                                                             Public Prosecutor (Pondy)

                                        For R4, R7 to R10 : Mr.A.Raj Prince,
                                                            for Mr.R.Thiyagarajan


                                                         ORDER

This Writ Petition is filed seeking police protection to fence the

property as per the Civil Court decree.

2. The Learned Public Prosecutor (Puducherry) for the respondents

1 & 2 states that in O.S.No.796 of 1993 on the file of III Additional District

Munsif, Pondicherry, decree, declaration and permanent injunction was granted

vide judgment dated 03.10.2005 on an application instituted by Navaneethan,

Samraj, Rajaram. The said decree was set aside by the First Appellate Court in

A.S.No.75 of 2005 dated 01.03.2017. The successful appellants in the said

appeal suit are the petitioners in the above Writ Petition seeking police

protection.

https://www.mhc.tn.gov.in/judis

3. The representation of the petitioners seeking police protection

for fencing the land was considered by the respondents police and found that

though the title stands in the name of the petitioners, they are not in a

possession of the property and further, it is stated by the respondents that they

have preferred Second Appeal against the judgment passed by the First

Appellate Court. Therefore, being a civil dispute in nature, the petitioners are

directed to approach the Civil Court and get order for Police Protection.

4. Recording the said statement of the Public Prosecutor, this Writ

Petition is disposed of directing the petitioner herein to work out his remedy

before the Civil Court and get redressal. No costs. Consequently, connected

Miscellaneous Petitions are closed.

                                                                                          07.08.2024
                Index              : Yes/No.
                Neutral Citation : Yes/No.
                bsm
                To:-

1. The Secretary, Union Territory of Puducherry. Government of Puducherry. Puducherry.

2. The Inspector of Police, Thirubuvanai Police Station, Puducherry.

3. The Public Prosecutor (Puducherry), High Court, Madras.

https://www.mhc.tn.gov.in/judis

Dr.G.JAYACHANDRAN,J.

bsm

06.08.2024

https://www.mhc.tn.gov.in/judis