Madras High CourtWP/9444/2024disposed of

M.Dharmalingam v. The Superintendent Of Police

2024-04-08Honourable Dr Justice G. Jayachandran4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :08.04.2024

CORAM

THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN M.Dharmalingam ... Petitioner Vs.

1. The Superintendent of Police, Office of the Superintendent of Police, Salem District.

2. The Inspector of Police, Malliyakararai Police Station, Malliyakararai Village and Post, Attur Taluk, Salem District.

3. Velmurugam

4. Sangeetha ... Respondents PRAYER : Writ Petition filed under Article 226 of Constitution of India for the issuance of Writ of Mandamus, directing the second respondent to provide adequate police protection for the purpose of fencing the petitioner's property in Survey Numbers 269/1A, 269/1C in Keeripatti Village, Attur Taluk, Salem District to an extent of about 1.59 acres . For Petitioner : Mr.A.Rajakumar 1/4

For Respondents : Mr.S.Udaya Kumar, Government Advocate (Crl.Side) for R1 and R2 : Mr.L.Rajendran for R4

ORDER

The petitioner herein relying upon his patta and sale deed claims 1.59 acres of land in theKeeripatti Village, Attur Taluk, Salem District and seeks police protection.

2. However from the pleadings and the documents relied as well as the submissions made by the 3rd and 4th respondents, it appears that that there is a dispute between the land owner regarding the extent and the patta which the petitioner relying upon is under challenge before the Revenue Authorities. When there was a physical altercation between the parties, complaint been registered and enquired by the respondent police and the parties had given an undertaking that they will approach the Civil Court and settle the disputes. It is a clear case of property dispute regarding measurement and extent based on the title which is contrary to patta and already one of the parties has approached the Revenue Department for cancelling the patta issued in favour of the petitioner 2/4

herein.

3. It is appropriate for police to stay away from their dispute regarding title except to maintain law and order. Hence, the prayer sought for cannot be granted at this stage.

4. With the above observations, this Writ Petition is disposed of No costs.

Vv 08.04.2024 To

1. The Superintendent of Police, Office of the Superintendent of Police, Salem District.

2. The Inspector of Police, Malliyakararai Police Station, Malliyakararai Village and Post, Attur Taluk, Salem District.

Dr.G.JAYACHANDRAN,J.

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Vv 08.04.2024 4/4