Thangam v. The Deputy Inspector General Of Police-Salem Range

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 05.02.2025

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN and W.M.P.No.4164 of 2025 Thangam ... Petitioner Vs

1. The Deputy Inspector General of Police-Salem Range, DIG Office, Hasthampatti, Salem District-636 007.

2. The Superintendent of Police-Salem District. No.150, Sankari Main Road, Kathayammal Nagar, Nethimedu, Salem Dsitrict-636 002.

3. The Deputy Superintendent of Police-Omalur Range, Bazaar Street, Saradha Nagar, Kamaraj Nagar, Omalur Taluk, Salem District-636 455.

4. The Inspector of Police, O-1, Dhevattipatit Police Station, Dhevattipatti Village, Kadayampatti Taluk, Salem District-636 305.

5. Naagar

6. Kaliammal

7. Pachiappan

8. Narayanan

9. Raja

10. Esan

11. Kariyan

12. Vittan @ Vallathurai

13. Thangaraj

14. Nagaraj

15. Ranjitham

16. Manikumar

17. Rajammal @ Deivanai ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of Writ of Mandamus, directing the respondents 1 to 4 to grant police protection to the petitioner to carry on her construction activities and other activities permitted by law in her lands comprised in Village Survey No.97/1B2B1 and 97/1B2B2 in Nachinampatti Revenue Village in the Kadayampatti Taluk of the Salem District.

For Petitioner : Mr.A.M.Kamalanath For R1 to R4 : Mr.R.Vinothraja Government Advocate (Crl.side) For R8, R13 and R15 : Mr.G.Munuraj

ORDER

This Writ Petition has been filed for direction directing the respondents 1 to 4 to grant police protection to the petitioner to carry on with her construction activities and other activities permitted by law in her lands comprised in Village Survey No.97/1B2B1 and 97/1B2B2 in

Nachinampatti Revenue Village in the Kadayampatti Taluk of the Salem District.

2. Heard the learned counsel for the petitioner, the learned Government Advocate (Crl.side) for the respondents 1 to 4 and the learned counsel for the respondents 8, 13 and 15 and perused the materials available on record.

3. It is seen that the petitioner owned property comprised in Village Survey No.97/1B2B1 and 97/1B2B2 in Nachinampatti Revenue Village in the Kadayampatti Taluk of the Salem District. While being so, the respondents 5 to 17 herein had interfered with the peaceful possession and enjoyment of her land. Therefore, the petitioner was constrained to file a suit for permanent injunction in O.S.No.86 of 2017, on the file of the District Munsif Court, Omalur. After fulfledged trial, the suit was decreed in favour of the petitioner by the Judgment and Decree dated 01.12.2023.

4. Pursuant to the said decree, while the petitioner had put up

construction in the land owned by her, once again the respondents 5 to 17 herein disturbed the peaceful possession and enjoyment of the petitioner. Therefore, the petitioner lodged a complaint before the fourth respondent. However, no FIR has been registered so far and the petitioner was served with CSR. Further, there is no evidence to show that the respondents 5 to 17 herein had filed any appeal as against the Judgment and Decree passed in favour of the petitioner in O.S.No.86 of 2017.

5. Therefore, the fourth respondent is directed to provide adequate police protection to carry on with construction activities and other activities permitted by law in the petitioner's land comprised in Village Survey No.97/1B2B1 and 97/1B2B2 in Nachinampatti Revenue Village in the Kadayampatti Taluk of the Salem District.

6. With the above directions, this Writ Petition petition is disposed of. Consequently, connected Miscellaneous petition is closed. No costs.

05.02.2025 Index : Yes/No : Yes/No Speaking/non-speaking order mn

G.K.ILANTHIRAIYAN. J, mn To

1. The Deputy Inspector General of Police-Salem Range, DIG Office, Hasthampatti, Salem District-636 007.

2. The Superintendent of Police-Salem District. No.150, Sankari Main Road, Kathayammal Nagar, Nethimedu, Salem Dsitrict-636 002.

3. The Deputy Superintendent of Police-Omalur Range, Bazaar Street, Saradha Nagar, Kamaraj Nagar, Omalur Taluk, Salem District-636 455.

4. The Inspector of Police, O-1, Dhevattipatit Police Station, Dhevattipatti Village, Kadayampatti Taluk, Salem District-636 305.

5. The Public Prosecutor, High Court, Madras.

05.02.2025