S.Mariappan v. The Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12.03.2025

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN W.P.No.8604 of 2025 S.Mariappan ... Petitioner Vs.

1.The Superintendent of Police, Nethimedu Police Station, Salem District.

2.The Inspector of Police, Tholasampatti Police Station, Salem.

3.Govindharaja ..Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, praying for the issuance of Writ of Mandamus directing the second respondent to provide police protection to the property situated in S.No.94/1 and S.No.94/2, T.Maaramangalam Village, Omalur Taluk, Salem District by considering the petitioner's representation dated 15.03.2024 within a stipulated period of time fixed by this Court. For Petitioner : Mr.M.Dinesh For R1 and R2 : Mr.A.Gopinath, Government Advocate (crl.side)

O R D E R

This petition has been filed seeking a direction to the second respondent to provide police protection for the property situated in S.No.94/1 and S.No.94/2, T. Maaramangalam Village, Omalur Taluk, Salem District, by considering the petitioner's representation dated 15.03.2024

2. The petitioner is the absolute owner of agricultural land measuring 5 acres and 36 cents in S.No.94/1 and 94/2, T.Maaramangalam Village, Omalur Taluk, Salem District, having acquired the same through gift deeds dated 01.10.2019. The petitioner entered into a Harvest Lease Agreement with the third respondent on 06.03.2020, granting permission to harvest for two years. Despite the expiry of the lease, the third respondent has unlawfully continued to occupy the property, refused to vacate, caused damage to standing crops, and threatened laborers engaged by the petitioner. The petitioner lodged a police complaint on 15.03.2024, but no effective action has been taken.

Due to continued interference, obstruction of agricultural activity, and

inaction by the authorities, the petitioner prays for a Writ of Mandamus directing the respondents to provide police protection to secure possession and enable cultivation on the said land.

3. Heard both sides and perused the material available on record.

4. Considering the facts and circumstances of the case, this Court is of the view that police protection can only be granted to safeguard the life and limb of a person. If there is any obstacle or objection to carrying out agricultural operations on the said land, the petitioner may approach the Civil Court for appropriate relief.

5. Accordingly, this Writ Petition stands dismissed. No costs. 12.03.2025 : Yes/No Speaking/non-speaking order shk G.K.ILANTHIRAIYAN, J.

shk

To 1.The Superintendent of Police, Nethimedu Police Station, Salem District.

2.The Inspector of Police, Tholasampatti Police Station, Salem.

3.The Public Prosecutor, High Court, Madras. W.P.No.8604 of 2025 12.03.2025