← Library
Madras High CourtWP/12308/2022closed

Mr.Sankara Narayanan v. The Commissioner Of Police

2022-06-16Honourable Mr Justice N. Sathish Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 16.06.2022 CORAM :

THE HONOURABLE MR. JUSTICE N. SATHISH KUMAR W.P.No.12308 of 2022 Sankara Narayanan ... Petitioner -Vs1. The Commissioner of Police, Tambaram Zone, Sholinganallur, Chennai 600 119.

2. Inspector of Police, Thalambur Police Station, Navallur, Chengalpet District.

3. Tahsildar, Vandalur Taluk, Taluk Office Building, Vandalur, Chengalpet District.

... Respondents Prayer : Writ petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus to consider the petitioner's representations 03.02.2022 and 05.02.2022 and to direct the 1st and 2nd respondents to provide police protection to put up a fence or compound wall to the petitioner's land bearing Plot No.347 in the layout named as 'Shri Ganapathy Nagar Colony Part-I' measuring an extent of 1304 sq.ft., comprised in Old S.No.195/5 as per patta No.1416 New S.No.195/27B situate at No.21, Nallambakkam Village, originally Chengalpet Taluk now Vandalur Taluk, originally Kancheepuram district now Chengalpet district.

For Petitioner : Mr.S.Sathyaraj For Respondents: Mr.Leonard Arul Joseph Selvam Govt.Advocate (Crl.side)

O R D E R

This petition has been filed to consider the petitioner's representations 03.02.2022 and 05.02.2022 and to direct the 1st and 2nd respondents to provide police protection to put up a fence or compound wall to the petitioner's land bearing Plot No.347 in the layout named as 'Shri Ganapathy Nagar Colony PartI' measuring an extent of 1304 sq.ft., comprised in Old S.No.195/5 as per patta No.1416 New S.No.195/27B situate at No.21, Nallambakkam Village, originally Chengalpet Taluk now Vandalur Taluk, originally Kancheepuram district now Chengalpet district.

2. The learned counsel for the petitioner submitted that the petitioner has filed a suit as against one Dhayalan and Dhanaraj for permanent injunction and he has also obtained a decree in his favour. Having suffered a decree the said Dhayalan and Dhanaraj have also given an undertaking before the respondent police that they would not interfere in the petitioner's possession. But now some third party is creating problem with regard to the petitioner's possession.

3. Heard both sides.

4. It is the contention of the learned counsel for the petitioner that though a decree obtained in petitioner's favour and undertaking give by Dhayalan and Dhanaraj before the respondent police, some third party is creating problem with regard to the petitioner's possession. This Court makes it clear that whenever if any third party is trying to trespass in the petitioner's possession, it is the duty of the respondent police to act on the complaint given by the petitioner and also to protect his life and property.

5. With the above direction the writ petition is closed. No costs.

Sd/- Assistant Registrar(CS IX) //True Copy// Sub Assistant Registrar dpq To

1. The Commissioner of Police, Tambaram Zone, Sholinganallur, Chennai 600 119.

2. The Inspector of Police, Thalambur Police Station, Navallur, Chengalpet District.

3. The Tahsildar, Vandalur Taluk, Taluk Office Building, Vandalur, Chengalpet District.

4.The Public Prosecutor, High Court, Madras.

+1 cc to Mr.S.Sathyaraj, Advocate Sr.NO. 36112 W.P.No.12308 of 2022 GJ(CO) A.SK(12/07/2022)