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Madras High CourtWP/5504/2025disposed of

C.Lakshmanan v. The Superintendent Of Police

2025-02-18Honourable Mr Justice G.K. Ilanthiraiyan6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18.02.2025

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN

1. C. lakshmanan

2. M. Salma

3. S.Fouzia Fathima ... Petitioners Vs.

1. The Superintendent of Police, Office of the Superintendent of Police, Krishnagiri, Krishnagiri District.

2. The Deputy Superintendent of Police, office of the Deputy Superintendent of Police, Bargur, Krishnagiri District.

3. The Inspector of Police, Kandhikuppa Police Station, Krishnagiri, Krishnagiri District.

4. Mr.G.Ganesan

5. Mr.G.Srinivasan

6. Mr.G.Rajasekar .. Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus to direct the respondents to consider the representation of the petitioners dated 01.02.2025 and to

direct the respondents 1 to 3 to give adequate police protection for the lift and limb of petitioners for entering petitioner property bearing S.No.380/3A, 384/1B patta No.1470 and 2782 at Chendharapalli Village, Bargur Taluk, Krishnagiri District measuring to an extent of 1.58 cents with valid title vide Dec.No.66/2020 and 5572/2024 dated 08.01.20 and 16.12.2024.

For Petitioners : Mr. S. Muthaiah For Respondents : Mr. A.Gopinath, Government Advocate (Crl. Side)

O R D E R

This Writ Petition has been filed seeking a direction to the respondents to consider the representation of the petitioners dated 01.02.2025 and to direct the respondents 1 to 3 to give adequate police protection for the lift and limb of petitioners for entering petitioner property bearing S.No.380/3A, 384/1B patta No.1470 and 2782 at Chendharapalli Village, Bargur Taluk, Krishnagiri District measuring to an extent of 1.58 cents with valid title vide Dec.No.66/2020 and 5572/2024 dated 08.01.20 and 16.12.2024.

2. It is the case of the petitioners that they purchased the land in S.No.380/3A, 384/1B at Sentharampalli measuring an extent of 0.58 cents from Ravikumar and his sister Vanmathi and he purchased another extent of land in S.No.380/3A measuring an extent of 1.00 cents from one J.R.Madhan. Out of above stated land, they sold 35 cents to one Salma and Fouzia Fathima and now they are in possession of 1.23 cents. When they intend to clear the above lands to start business and construct shops to let out, the respondents 4 to 6 disturbed their possession and enjoyment of the property. Hence, the petitioners were constrained to file a suit in OS.No.75 of 2003 and thereafter the 4th respondent also filed a suit in O.S.No.222 of 2020 for specific performance in respect of very same property.

However, the suit filed by the 4th respondent was dismissed and the suit filed by the petitioners was decreed by the trial court by a common judgment and decree dated 14.10.2024, thereby restraining the respondents 4 to 6 from interfering with the possession and enjoyment of the petitioners with respect to aboveaid property.

with dire consequences. In view of the above, the petitioners made a representation to the respondents to provide police protection to them and their property on 01.02.2025 by agreeing to bear the cost for the same, however as the respondents 1 to 3 failed to provide police protection, the petitioners have come forward with this writ petition.

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

4. Considering the facts and circumstances of the case, the 3rd respondent is directed to consider the representation submitted by the petitioners on 01.02.2025 seeking police protection to their life while enjoying their property after conducting enquiry and in the light of the judgment and decree dated 14.10.2024 passed in favour of the petitioners and pass orders on the same after giving opportunity to the petitioners and respondents 4 to 6 within a period of four weeks from the date of receipt of a copy of this order.

5. With the above direction, this writ petition is disposed of. No costs.

18.02.2025 Index : Yes/No : Yes/No Speaking/non-speaking order msr To

1. The Superintendent of Police, Office of the Superintendent of Police, Krishnagiri, Krishnagiri District.

2. The Deputy Superintendent of Police, office of the Deputy Superintendent of Police, Bargur, Krishnagiri District.

3. The Inspector of Police, Kandhikuppa Police Station, Krishnagiri, Krishnagiri District.

G.K.ILANTHIRAIYAN, J.

msr 18.02.2025