C.A.Palanisamy v. The State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06.03.2025

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN W.P.No. 7961 of 2025 C.A.Palanisamy ...

Petitioner Vs.

1.The State Rep By The Inspector of Police Sathyamangalam Police Station Erode District 2.Thulasimani 3.Sampathkumar 4.C.Dhanapal ...

Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, to issue Writ of Mandamus, directing the 1st respondent to provide police protection to fence petitioner lands measuring 1.36 acres comprised in S.F.No.193/1C1 Pattavarthi Iyyampalayam Village, Sathyamangalam Taluk, Erode district as per the sale deed dated 15.09.2021 (Doc.No.5417/2021) by considering petitioner complaint dated 13.02.2025 (CSR No.44/2025) as per the law laid down in 2014 (2) CTC 695.

For Petitioner :

Mr.N.Manoharan For R1 :

Mr.K.M.D.Muhilan Government Advocate (Crl.Side)

O R D E R

This Writ Petition has been filed seeking a direction to the first respondent to provide police protection to enable the petitioner to fence his property comprised in S.F.No.193/1C1, admeasuring 1.36 acres situated at Pattavarthi Iyyampalayam Village, Sathyamangalam Taluk, Erode District, on the strength of the order of interim injunction granted by the Civil Court.

2. Heard the learned counsel appearing for the petitioner and the learned Government Advocate (Crl.Side) appearing for the first respondent. Perused the materials available on record.

3. The petitioner owned the property comprised in S.F.No.193/1C1, admeasuring 1.36 acres situated at Pattavarthi Iyyampalayam Village, Sathyamangalam Taluk, Erode District. While being so, the respondents 2 to 4 herein are interfering with the petitioner's peaceful possession and enjoyment of the property. Therefore, the petitioner filed a suit in O.S.No.48 of 2018 on the file of the District Munsif Court, Sathyamangalam for permanent injunction. In the meanwhile, the petitioner was also granted interim injunction, which is still in force. However, the respondents 2 to 4 are not permitting the petitioner to put up fencing around the property. In such circumstances, the petitioner, instead of seeking appropriate relief before the Civil Court, has directly approached this Court

by way of the present writ petition seeking police protection.

4. In view of the above, this Court is of the opinion that police protection cannot be granted at this stage, when the civil suit is pending. However, the petitioner can very well approach the Civil Court for appropriate relief including execution of the interim order, in accordance with law.

5. Accordingly, this Writ Petition stands dismissed. No costs. 06.03.2025 Index : Yes/No : Yes/No Speaking/non-speaking order Lpp To 1.The Inspector of Police Sathyamangalam Police Station Erode District 2.The Public Prosecutor, High Court, Madras.

G.K.ILANTHIRAIYAN, J.

Lpp W.P.No. 7961 of 2025 06.03.2025