S.Padmavathi v. The District Collector,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 25.03.2025
CORAM:
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN S.Padmavathi .....
Petitioner Vs 1.The District Collector Namakkal District.
2.The Superintendent of Police Namakkal District.
3.The Revenue Divisional officer Tiruchengode Namakkal District 4.The Tahsildar Komarapalayam Namakkal District.
5.The Deputy Superintendent of Police, Tiruchengode Namakkal District.
6. The Inspector of Police Komarapalayam Namakkal District.
7. Manimaran .....
Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of
India, for the issuance of Writ of Mandamus, directing the 2nd and 6th respondents to provide adequate police protection to the petitioner's property bearing Survey No.32/1 corresponding to Natham Survey No.30/1-part of Komarapalayam Amani Village measuring 837 1⁄2 sq.feet based on the petitioner's representation dated 18.01.2025, consequentially direct the 6th respondent to restrain the trespassers from entering into petitioner's property.
For Petitioner : M/s.A.M.Amutha Ganesh For R1, R3 & R4 : Mr.P.Balathandayutham Special Government Pleader For R2, R5 & R6 : Mr.A.Gopinath Government Advocate (Crl.Side)
O R D E R
This Writ Petition has been filed seeking a direction to the 2nd and 6th respondents to provide adequate police protection to the petitioner's property comprised in Survey No.32/1 corresponding to Natham Survey No.30/1-part, admeasuring 837 1⁄2 sq.ft. situated at Komarapalayam Amani Village.
2. Heard the learned counsel appearing for the petitioner, the learned Special Government Pleader appearing for the respondents 2, 3 & 4 and the learned Government Advocate (Crl.Side) appearing for the respondents 2, 5 & 6. Perused the materials available on record.
3. It is seen that the petitioner is seeking police protection in
respect of his property. However, such a dispute pertains to civil rights, and the petitioner ought to have approached the Civil Court for appropriate relief.
4. In view of the above, it is well settled that police protection can be granted only for the protection of life and limb of a person and not for enforcing civil rights, such as possession or enjoyment of property. Therefore, the relief sought for in this petition cannot be granted and the writ petition is liable to be dismissed.
5. Accordingly, this Writ Petition stands dismissed. No costs.
25.03.2025 Index : Yes/No : Yes/No Speaking/non-speaking order Lpp To 1.The District Collector
Namakkal District.
2.The Superintendent of Police Namakkal District.
3.The Revenue Divisional officer Tiruchengode Namakkal District 4.The Tahsildar Komarapalayam Namakkal District.
5.The Deputy Superintendent of Police, Tiruchengode Namakkal District.
6. The Inspector of Police Komarapalayam Namakkal District.
7. The Public Prosecutor, High Court, Madras.
G.K.ILANTHIRAIYAN, J.
Lpp
25.03.2025