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Madras High CourtWP/9998/2025dismissed

A.Shundharen v. Salem City Police Commissioner

2025-03-20Honourable Mr Justice G.K. Ilanthiraiyan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 20.03.2025

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN W.P.No.9998 of 2025 A.Shundharen ... Petitioner Vs.

1.Salem City Police Commissioner, Office of Commissioner of Police, Sangagiri Main Road, Annadanapatti, Salem District 636 002.

2.Superintendent of Police, Salem District, Office of Superintendent of Police, Salem District 636 002. ..Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, praying for the issuance of Writ of Mandamus directing the first respondent to consider the petitioner's representation dated 04.03.2025 and thereby provide police protection to fence petitioner's patta land comprised in Survey No.60/1B46A1, at Sangagiri Village, Salem District and bearing Patta No.1697.

For Petitioner : Mr.M.Venkadesh Kumar For Respondents : Mr.A.Gopinath, Government Advocate (crl.side)

O R D E R

This petition has been filed seeking a direction to the first respondent to consider the representation submitted by the petitioner, dated 04.03.2025, seeking police protection to fence petitioner's patta land comprised in Survey No.60/1B46A1, at Sangagiri Village, Salem District and bearing Patta No.1697.

2. The case of the prosecution is that the petitioner is the owner of the land comprised in Survey No.60/1B46A1, at Sangagiri Village, Salem District, bearing Patta No. 1697. While the petitioner is the lawful owner, a third party is attempting to encroach upon the petitioner's land. As a result, the petitioner has also filed a suit for permanent injunction in O.S.No. 16 of 2023 before the Sangagiri Munsif Court, which is

currently pending. That apart, based on the complaint lodged by the petitioner, an FIR has been registered in Crime No. 101 of 2025 on the file of the Inspector of Police, Sangagiri Police Station, Salem.

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

3. 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 while erecting a fence around the petitioner's property, the petitioner may approach the Civil Court for appropriate relief.

4. Accordingly, this Writ Petition stands dismissed. No costs. 20.03.2025 : Yes/No Speaking/non-speaking order shk

G.K.ILANTHIRAIYAN, J.

shk To 1.Salem City Police Commissioner, Office of Commissioner of Police, Sangagiri Main Road, Annadanapatti, Salem District 636 002.

2.Superintendent of Police, Salem District, Office of Superintendent of Police, Salem District 636 002.

3. The Public Prosecutor, High Court, Madras. W.P.No.9998 of 2025 20.03.2025