Madras High Court
Chandra Raj vs The Superintendent Of Police on 7 January, 2025
Author: M.Nirmal Kumar
Bench: M.Nirmal Kumar
W.P.(MD)No.158 of 2025
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 07.01.2025
CORAM
THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR
W.P.(MD)No.158 of 2025
Chandra Raj ... Petitioner
Vs.
1. The Superintendent of Police
District Police Office
Dindigul District
2. The Deputy Superintendent of Police
Thadikombu Division
Dindigul District
3. The Sub Inspector of Police
Thadikombu Police Station
Dindigul District
4. Soundrarajan
5. Muthiah
6. Baskaran
7. Jeyakumar
8. Saroja
9. Nagajothi
10. Murugesan
11. Jeya @ Nagarajan ... Respondents
1/7
https://www.mhc.tn.gov.in/judis
W.P.(MD)No.158 of 2025
PRAYER : Writ Petition filed under Article 226 of the Constitution of
India, seeking a Writ of Mandamus, directing the third respondent,
Inspector of Police Thaddikombu Police Station, Dindigul District to
direct the respondents 4 to 11 not to interfere in petitioner's peaceful
enjoyment and possession of the property in Survey No. 358/2 and 366/1,
Seelapadi Village, Dindigul District and thereby binding the respondents
4 to 11 through the decree and judgment in O.S.140 of 2013 which was
decreed in favour of the plaintiff (i.e) the petitioner on the file of the
Additional District Munsif, Dindigul District based on the representation
dated 14.10.2024 within stipulated time
For Petitioner : Ms.G.Dhanaseeli
For Respondents : Mr.A.Thiruvadi Kumar
No. 1 to 3 Additional Public Prosecutor
ORDER
The petitioner filed this Writ Petition seeking to direct the third
respondent, Inspector of Police Thaddikombu Police Station, Dindigul
District to direct the respondents 4 to 11 not to interfere in petitioner's
peaceful enjoyment and possession of the property in Survey No. 358/2
and 366/1, Seelapadi Village, Dindigul District and thereby binding the
respondents 4 to 11 through the decree and judgment in O.S.140 of 2013
https://www.mhc.tn.gov.in/judis
which was decreed in favour of the plaintiff (i.e) the petitioner on the file
of the Additional District Munsif, Dindigul District based on the
representation dated 14.10.2024 within stipulated time.
2. The petitioner had encroached the property from his father in
S.No.358/2 and 366/1 Seelapadi, Dindigul District. The petitioner had
got patta in patta No.13838. Earlier there was a civil dispute between the
father of the petitioner and one Soundrarajan,Muthiah, Baskaran,
Jeyakumar, Muthammal, Nagammal, Saroja, Kaliammal and Nagajothi
and judgment was delivered in favour of the petitioner and as per the
decree it was declared that the father of the petitioner was entitled to one
acre of the land. Later on 05.10.2024 the suit property was surveyed and
marked and boundary stones were laid. Some of the legal heirs of the
earlier defendants in the suit had made objections and they also
threatened. Further the petitioner wanted to sell the property but they are
obstructing the same and threatening the petitioner and hence the
petitioner is unable to enjoy the property. Hence during the month of
April 2024 he had lodged a complaint, no action has been taken.
Subsequently this complaint has been lodged.
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3. The learned Additional Public Prosecutor submitted that for the
earlier complaint of the petitioner CSR No.191 of 2024 on 28.04.2024
assigned and the petitioner as well as the counter parties were called for
enquiry since both of them failed to appear the complaint was closed.
As regards the present complaint it has not been received and
acknowledgment is not proper as it is seen from the typed set. Hence the
the petitioner may be directed to give complaint to the Inspector of
Police, Thadikombu Police Station in person or through post , thereafter
only police can take appropriate action. He further submitted that in the
event of O.S No.140 of 2013 had attained finality following the
direction of this Court in the case of “Radhika Sri Hari and another .vs.
The Commissioner of Police reported in 2014-2-LW- 927”,the police is
bound to give protection to the life and property of the petitioner which
is fundamental right.
4.In view of the same, the petitioner is directed to appear before
the Inspector of Police, Thadikombu Police Station, Dindigul District on
20.01.2025 along with copy of the complaint with supporting documents
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to substantiate his contention. On receipt of the same, the Inspector of
Police, Thadikombu Police Station, Dindigul District is directed to
conduct enquiry calling the counter parties and dispose the complaint of
the petitioner granting appropriate relief if the petitioner is entitled for
the same.
5. With the above direction, this Writ Petition stands disposed of.
No costs.
07.01.2025
NCC : Yes / No
Index : Yes / No
aav
Note: Issue order copy on 08.01.2025
https://www.mhc.tn.gov.in/judis
To
1. The Superintendent of Police
District Police Office
Dindigul District
2. The Deputy Superintendent of Police
Thadikombu Division
Dindigul District
3. The Sub Inspector of Police
Thadikombu Police Station
Dindigul District
4.The Additional Public Prosecutor,
Madurai Bench of Madras High Court,
Madurai.
https://www.mhc.tn.gov.in/judis
M.NIRMAL KUMAR, J.
aav
07.01.2025
https://www.mhc.tn.gov.in/judis
