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Madras High CourtWP/10261/2023dismissed

G.Dhanam v. The District Superintendent Of Police

2025-04-07Honourable Mr Justice G.K. Ilanthiraiyan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.04.2025

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN G.Dhanam ... Petitioner -Vs1. The District Superintendent of Police, Office of the District Superintendent of Police, Kallakurichi Town and District, Kallakurichi District.

2. The Inspector of Police, Sankarapuram Police Station, Sankarapuram Town, Sankarapuram Taluk, Kallakurichi District.

3. The Sub Inspector of Police, Sankarapuram Police Station, Sankarapuram Town, Sankarapuram Taluk, Kallakurichi District.

4. N. Selvarani

...Respondents

Prayer : Writ Petition filed under Article 226 of Constitution of India praying for the issuance of a Writ of Mandamus, directing the Respondents 1 to 3 to give Police protection to the Petitioner based on the Application of the Petitioner dated 27.02.2023.

For Petitioners : Mr.K.Selvaraj For R1 to R3 : Mr.R.Vinothraja Government Advocate (Crl.side) For R4 : Mr.R.Bharath Kumar O RDER This Writ Petition has been filed for direction directing the respondents 1 to 3 to give Police protection to the Petitioner based on the Application of the Petitioner dated 27.02.2023.

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

3. According to the petitioner, the petitioner owned property admeasuring 0.35-1/2 cents out of 0.16.5 ares comprised in Ayan Punja Survey No.131/1 situated at Nedumanur Village, Sankarapuram Taluk, Kallakurichi district, which was purchased by a sale deed dated 27.05.2022 from one T.Kalaimani and others by the registered Document No.3225 of 2022. In fact, one Ramu Pillai filed a suit in O.S.No.911 of 1986 on the file of the District Munsif Court, Kallakurichi and the same was dismissed, which was also confirmed by this Court in second appeal. Therefore, the petitioner seeks for police protection to fence the property.

4. The learned counsel for the fourth respondent submitted that under the

influence of the registering authority, the document has been registered in favour of the petitioner. However, the fourth respondent is in possession and enjoyment of the subject property.

5. Admittedly, there is a dispute between the petitioner and the fourth respondent in respect of possession of the property. Though the petitioner succeeded in the suit, he ought to have approached the civil Court for appropriate relief. That apart, the police protection can be granted only to the life and limb of a person.

6. In view of the above, the direction sought for in this petition cannot be granted. Accordingly, this writ petition stands dismissed. No costs. 07.04.2025 Internet: Yes Index : Yes/No Speaking/Non Speaking order mn G.K.ILANTHIRAIYAN. J,

mn To

1. The District Superintendent of Police, Office of the District Superintendent of Police, Kallakurichi Town and District, Kallakurichi District.

2. The Inspector of Police, Sankarapuram Police Station, Sankarapuram Town, Sankarapuram Taluk, Kallakurichi District.

3. The Sub Inspector of Police, Sankarapuram Police Station, Sankarapuram Town, Sankarapuram Taluk, Kallakurichi District.

4. The Public Prosecutor, High Court, Madras.

07.04.2025