V.Bagavathi v. The State Of Tamilnadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 20-08-2025

CORAM

THE HONOURABLE MR JUSTICE N. SATHISH KUMAR and WMP No.9062 of 2023 V. Bagavathi S/o. Late Vellaisamy, Petitioner(s) Vs

1. The State of TamilNadu Rep by the District Collector, Ooty, The Nilgris District.

2.The Revenue Divisional Officer, Gudalur, The Nilgris District.

3.The Tahsildar, Gudalur, The Nilgris District.

4.The Inspector of Police, Gudalur, The Nilgris District.

5.V.Mohan, S/o. Velu, Respondent(s) 1/5

PRAYER This writ petition has been filed under Article 226 of the Constitution of India to issue a writ of mandamus directing the 3rd respondent revenue authority to send necessary instructions or directions to the 4th respondent police to take necessary action against the nuisance and law and order problem being created by the 5th respondent at petitioner's house site measuring an extent of 14.75 cents of land comprised in Survey Numbers (1).217/20, 217/3A1A2 and 217/3A1C, having patta no. 10384, situate in Nanthatti, Gudalur-II Village, Gudalur Taluk, Nilagiri District as per the petitioners representation dated 1.2.2023 within a time limit. For Petitioner(s):

M/s. Secular S.Arunkumar For Respondent(s):

Mr.R. Vinothraja, Gov. Advocate (crl.side) for R1 to R4 Mr.M.Vinoth, for R5

ORDER

This writ petition has been filed seeking a direction to the respondents 3 and 4 to take action against the 5 th respondent and to provide police protection. 2/5

2. It is the contention of the petitioner that he is the owner of the patta land, where as the 5 th respondent has encroached upon the highways land, causing nuisance and posing a life threat to the petitioner and hence, he seeks police protection.

3. The learned counsel appearing for the 5th respondent would submit that the 5 th respondent has filed a suit in O.S.No.5 of 2023. In the said suit in I.A.No.3 of 2023 dated 19.01.2025 an interim injunction was granted by the Trial Court in favour of the 5 th respondent. .

4. Heard the learned Government Advocate (crl.side) appearing for the respondents 1 to 4.

5. In view of the pending civil suit and the interim injunction granted therein, this Court is of the view that police protection cannot be granted in the present writ petition. The parties are at liberty to approach the Civil Court for appropriate remedy.

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6. Accordingly, this Writ petition is dismissed. No costs. Consequently, connected miscellaneous petition is closed.

20-08-2025 mrp Index:Yes/No Speaking/Non-speaking order Internet:Yes To 1.The State of TamilNadu Rep by the District Collector, Ooty, The Nilgris District.

2.The Revenue Divisional Officer, Gudalur, The Nilgris District.

3.The Tahsildar, Gudalur, The Nilgris District.

4.The Inspector of Police, Gudalur, The Nilgris District.

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N.SATHISH KUMAR J.

mrp 20-08-2025 5/5