Citation : 2025 Latest Caselaw 6804 Mad
Judgement Date : 9 September, 2025
W.P.No.80 of 2025
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 09.09.2025
CORAM
THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR
W.P.(Crl.)No.80 of 2025
1. N.Palanisamy
S/o.Natchimuthu Gounder
2. P.Jothimani
W/o.Palanisamy
3. N.Sagunthala
W/o.Balasubramaniam ... Petitioners
versus
1. The Superintendent of Police
Tiruppur District
Tiruppur - 641 604.
2. The Deputy Superintendent of Police
Palladam Taluk
Tiruppur District
Tiruppur - 641 664.
3. The Inspector of Police
Kamanaickenpalayam Police Station
Tiruppur District
Tiruppur - 641 658.
Pg.Nos.1/6
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W.P.No.80 of 2025
4. Kandasamy Gounder
S/o.Rame Gounder ... Respondents
Writ Petition filed under Article 226 of Constitution of India, praying
to issue a Writ of Mandamus, directing the respondents 1 to 3 herein to
give police protection to the petitioners to fence the petitioners' land with
wire mesh for the property comprised in S.F.No.253 situated at Karadivavi
Village, Palladam Taluk, Tiruppur District by considering the petitioners'
representation dated 28.03.2025.
For Petitioners : Mr.R.Jayaprakash
For Respondents : Mr.K.M.D.Muhilan
Additional Public Prosecutor, for R1 to R3
Mr.M.R.Thangavel, for R4
ORDER
This Writ Petition is filed seeking for issuance of Writ of Mandamus,
to direct the respondents 1 to 3 herein to give Police protection to the
petitioners to fence their land with wire mesh in respect of the property
comprised in S.F.No.253 situated at Karadivavi Village, Palladam Taluk,
Tiruppur District, by considering their representation dated 28.03.2025.
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2. The grievance of the petitioners is that originally, the petitioners'
father Natchimuthu Gounder filed a suit for partition in O.S.No.533 of 2002
on the file of the Subordinate Court, Tiruppur against his brother
R.Kandasamy Gounder, the fourth respondent herein. As per the judgment
and decree dated 07.11.2006, the suit scheduled properties have been
equally allotted between petitioners' father and fourth respondent herein.
According to the petitioners, their father was allotted with 5 acres and 21
cents of land out of 10.93 acres comprised in S.F.No.253 situated at
Palladam Taluk, Karadivavi Village. Similarly, the fourth respondent also
allotted with such an extent and final decree also attained its finality. When
petitioners tried to fence their property, the same has been objected by the
fourth respondent and hence, the petitioners seek police protection to fence
the subject property.
3. Learned counsel appearing for the fourth respondent submitted that
the fourth respondent had never objected the petitioners to fence the subject
property. The said statement is recorded.
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4. In such view of the matter, it is for the petitioners to fence their
property. If any objection is made by the fourth respondent, the petitioner
can give necessary complaint to the Police and on such complaint, the
respondents-Police can give protection and survey has to be conducted with
help of the Taluk Surveyor.
5. With the above directions, this Writ Petition is disposed of. There
shall be no order as to costs.
09.09.2025
Index: Yes/No Speaking Order : Yes/No Neutral Citation Case : Yes/No ms
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To
1. The Superintendent of Police Tiruppur District Tiruppur - 641 604.
2. The Deputy Superintendent of Police Palladam Taluk Tiruppur District Tiruppur - 641 664.
3. The Inspector of Police Kamanaickenpalayam Police Station Tiruppur District Tiruppur - 641 658.
4. The Public Prosecutor, High Court, Madras.
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N.SATHISH KUMAR, J.
ms
09.09.2025 (2/2)
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