Hitesh H.Jain v. The Superintendent Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 25.04.2017
CORAM
THE HONOURABLE MR. JUSTICE R.MAHADEVAN W.P. No.9665 of 2017 & W.M.P.No.10639 of 2017 1.Hitesh H.Jain 2.Suresh Kumar Pukhraj .. Petitioners Vs.
1. The Superintendent of Police, Tiruvallur, Tiruvallur District.
2. The Deputy Superintendent of Police, Tiruvallur, Tiruvallur District.
3. The Inspector of Police, Tiruvallur Town Police Station, Tiruvallur, Tiruvallur District.
.. Respondents PRAYER : Writ Petition has been filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, to direct the respondents to provide police protection to the petitioners to put up construction of the compound wall in respect of lands comprised in S.No.73/1B, measuring to an extent of 43 cents and lands comprised in S.No.70/3 an extent of 65 cents in all together an extent of 1.08 acres situated at Periakuppam Village, Tiruvallur Taluk, Tiruvallur District in terms of the petitioners representation dated 14.03.2017.
For Petitioners : Mr.G.Mohanakrishnan For Respondents : Mr.K.Balamurugan Government Advocate
O R D E R
The prayer made in the Writ Petition is to issue a writ of Mandamus, directing the respondents to provide police protection to the petitioners to put up construction of the compound wall in respect of lands comprised in S.No.73/1B, measuring to an extent of 43 cents and lands comprised in S.No.70/3 an extent of
65 cents in all together an extent of 1.08 acres situated at Periakuppam Village, Tiruvallur Taluk, Tiruvallur District in terms of the petitioners' representation dated 14.03.2017.
2. It is the case of the petitioners that by virtue of Sale Deed executed dated 22.02.2017 the Patta; the Chitta as well as the Adangal were also got transferred in their name. It is the claim of the petitioners that some anti social elements are causing undue hindrance preventing the construction of the compound wall of the petitioners' property, for which, the petitioners sent representation dated 14.03.2017 to the respondents followed by reminder dated 05.04.2017 before the second respondent seeking appropriate action as well as providing police protection.
3. According to the learned counsel appearing for the petitioners, there are no rival claims but some anti social elements without any rhyme or reason causing hindrance preventing the petitioners from constructing the compound wall. Despite their representations no action is taken and hence, the petitioners are before this Court.
4. Considering the facts and circumstances of the case that the sale is of the year 2007 and all revenue records are in the name of the petitioners, this Court is inclined to direct the third respondent to take note of the representation dated 14.03.2017 of the petitioners followed by reminder dated 05.04.2017 and take appropriate action against those who are causing undue hindrance to the petitioners, within a period of four weeks from the date of receipt of a copy of this order to enable them to put up construction of the compound wall in respect of lands comprised in S.No.73/1B, measuring to an extent of 43 cents and lands comprised in S.No.70/3 an extent of 65 cents in all together an extent of 1.08 acres situated at Periakuppam Village, Tiruvallur Taluk, Tiruvallur District. If required, the third respondent is also directed to provide adequate police protection to the petitioners, of course, at the cost of the petitioners.
5. The Writ Petition is disposed of accordingly. No costs. Consequently, connected Miscellaneous Petition is closed. Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar
sri To
1. The Superintendent of Police, Tiruvallur, Tiruvallur District.
2. The Deputy Superintendent of Police, Tiruvallur, Tiruvallur District.
3. The Inspector of Police, Tiruvallur Town Police Station, Tiruvallur, Tiruvallur District.
+1cc to Mr.G.Mohanakrishnan, Advocate, S.R.No.25252 +1cc to the Government Pleader, S.R.No.24997 W.P. No.9665 of 2017 skv(co) Rmp(10/05/17)