P.Ramasamy v. The Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 16.02.2022

CORAM:

THE HONOURABLE MR. JUSTICE A.D. JAGADISH CHANDIRA W.P.No.2639 of 2022 P.Ramasamy ... Petitioner Vs.

1. The Superintendent of Police, Tiruppur, Tiruppur District.

2. The State represented by its The Inspector of Police, Avinashi Police Station, Tiruppur District.

3. A.Subramaniam ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus or any other order or direction or writ in the nature of writ of Mandamus directing the respondent No.1 and 2 to grant sufficient police protection to the petitioner for fencing his property comprised in 392/1A situated at Karavalur Village, Avinashi Taluk, Tiruppur District by considering his representation dated 16.12.2021.

For Petitioner :

Mr.K.Myilsamy For Respondents :

Mr.A.Gokulakrishnan for R1 & R2, Additional Public Prosecutor

O R D E R

This Writ Petition has been filed seeking for a direction to the respondents No.1 and 2 to grant sufficient police protection to the petitioner for fencing his property comprised in 392/1A situated at Karavalur Village, Avinashi Taluk, Tiruppur District by considering his representation dated 16.12.2021.

2. It is the case of the petitioner that he is the owner of the agricultural land measuring to an extent of 1.48 acre and cents comprised in Survey No.392/1A situated at Karavalur Village, Avinashi Taluk Tiruppur District. He got the property by a registered partition deed dated 29.03.1993 bearing Document No.964 of 1993 on the file of SRO, Avinashi. The petitioner has also been issued Patta bearing No.421 by the Revenue Authorities. The petitioner is now aged about 75 years and he is an agriculturist by avocation. At his old age, the petitioner is cultivating seasonal crops and eking out his livelihood in a difficult manner. The petitioner in order to prevent the entry of grazing cattle, wanted to fix the boundaries by putting up a fence on his property. However, the adjacent land owners are preventing him from surveying the property and thereby, the present petition has been filed seeking for police protection for fencing his property.

3. Mr.A.Gokulakrishnan, learned Additional Public Prosecutor appearing for the respondents 1 and 2 would submit that if the petitioner applies before the jurisdictional Taluk Surveyor to fix a date to measure the land and if the Taluk Surveyor fixes date and seeks for police protection after giving notice to the adjacent land owners, the respondents are ready to give adequate police protection on the date fixed by the Taluk Surveyor.

4. Recording the same, this Writ Petition stands disposed of.

Sd/- Assistant Registrar(CS-II) //True Copy// Sub Assistant Registrar vri/shk To

1. The Superintendent of Police, Tiruppur, Tiruppur District.

2. The Inspector of Police, Avinashi Police Station, Tiruppur District.

3. The Public Prosecutor, Madras High Court.

+1cc to Mr.K.Myil Samy, Advocate, S.R.No.10108 W.P.No.2639 of 2022 PL(CO) SU(01/03/2022)