Madras High CourtWP Crl./326/2026disposed of

A.Palanisamy v. The Superintendent Of Police

2026-06-11Honourable Mr Justice G.K. Ilanthiraiyan7 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 11-06-2026

CORAM

THE HON'BLE MR JUSTICE G.K. ILANTHIRAIYAN A.Palanisamy S/o.Late. Aandi Gounder, D.No. 3/50, Ammachi Kottai, Kavakkadu Village, Kendaiyanahalli Post, Pennagaram Taluk, Dharmapuri District.

..Petitioner Vs

1. The Superintendent of Police Dharmapuri District, Dharmapuri.-5

2. The Deputy Superintendent of Police Pennagaram Police Sub-Division, Pennagaram- 636 810.

Dharmapuri District.

3. The Inspector of Police Eriyur Police Station, Eriyur, Pennagaram Taluk, Dharmapuri District.

4. The Sub -Inspector Perumbalai Police Station, Perumbalai- 636 811, Pennagaram Taluk, Dharmapuri District.

5. The District Collector Dharmapuri District, Dharmapuri.

6. The Tasildhar Pennagaram Taluk, Pennagaram- 636 810, Dharmapuri District.

7. Prabakaran S/o.Chinnu, Kavakkadu Village, Kendaiyanahalli Post, Pennagaram Taluk, Dharmapuri District.

..Respondents Prayer : Writ Petition (Criminal) filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, directing the respondents 1 to 4 to provide police protection for survey and to fence agriculture lands of the petitioner comprised in S.No. 168/C4B, situated at Kendaiyanahalli Village, Pennagaram Taluk, Dharmapuri District based on his application dated 16.06.2025.

For Petitioner:

Mr.Babu Rangasamy For M/s. Babu Rangasamy Associates For Respondents:

Mr.R.Ganesh Kumar Counsel for Government of Tamil Nadu (Criminal Side) For R1 To R4 No Appearance for R5 to R7

ORDER

This Writ Petition (Criminal) has been filed seeking a direction to the respondents 1 to 4 to provide adequate police protection to survey and fence the agricultural lands of the petitioner comprised in S.No.168/C4B, situated at Kendaiyanahalli Village, Pennagaram Taluk, Dharmapuri District.

Heard the learned counsel appearing for the petitioner and the learned Counsel for Government of Tamil Nadu (Criminal Side) appearing for the respondents 1 to 4. Though notice has been served on the respondents 5 to 7, none appeared on their behalf either in person or through pleader. Perused the materials available on record.

The petitioner owned lands comprised in S.No.168/C4B, to an extent of 3.77 acres and S.No.169/A1, to an extent of 3.08 acres, situated at Kavakadu, Kendaiyanahalli Village, Pennagaram Taluk, Dharmapuri District. In order to fence the subject property, the petitioner approached the concerned surveyor and paid the requisite fees. Pursuant to the request made by the petitioner, the surveyor proceeded to the subject property to conduct the survey. At that time, the seventh respondent and his family members obstructed the surveyor to survey the petitioner's land. It is brought to the notice of this Court that the seventh respondent had already approached this Court by filling writ petition in W.P.No.30240 of 2022 seeking a direction to restrain the police personnel from interfering with the civil dispute pending between the petitioner and the seventh respondent herein with regard to the property comprised in S.No.168/C to an extent of 7 acres 54 cents till the adjudication of issues by the appropriate civil forum. In the said writ petition, this Court passed the following order:

"4. The case of the petitioner is that the land comprised in S.No.168/A admeasuring to an extent of 4 acres 66 cents and the land comprised in S.No.168/C admeasuring to an extent of 7 acres 54 cents, was originally purchased by the petitioner's forefather. The petitioner is none other than the grandson of said Kathan. The only contention raised by the petitioner is that without adding the petitioner, who is in occupation of the adjacent land, the sixth respondent filed writ petition before this Court and obtained an order dated 13.04.2022.

5. As stated supra, though the petitioner or his grandfather is not held to the writ petition, this Court disposed the writ petition on recording the submission made by the learned Additional Public Prosecutor on behalf of the third and fourth respondents herein. However, the third and fourth respondents have no say in the civil dispute between the petitioner and the sixth and seventh respondents herein. As stated supra, the sixth respondent approached this Court to survey his land. Therefore, if any request made by the sixth respondent to survey his land and if the fifth respondent ordered to survey the land and at the time of surveying the land, if any disturbances caused by the petitioner or the counter parties, on the request made by the surveyor, the third and fourth respondents can consider the said request and pass appropriate orders to provide necessary police protection, while surveying the land as per the original title deeds.

6.With the above direction, this Writ Petition stands disposed of. It is made clear that if any complaint lodged by the petitioner or by the sixth and seventh respondents, the third and fourth respondents are directed to deal with the complaint and

Even then the petitioner's land could not be surveyed, since the seventh respondent and his family members obstructed the surveyor to survey the petitioner's land.

In view of the above, the respondents 1 to 4 are directed to provide adequate police protection to the Surveyor while surveying the petitioner's land comprised in S.No.168/C4B, situated at Kendaiyanahalli Village, Pennagaram Taluk, Dharmapuri District and fence the same within a period of two weeks from the date of receipt of a copy of this order. 6.

With the above direction, this Writ Petition (Criminal) stands disposed of. No costs.

11-06-2026 Index: Yes/No Speaking/Non-speaking order LPP