L.Basuvaraj v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 04.04.2025

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN L.Basuvaraj .....

Petitioner Vs 1.The Inspector of Police, Mathirgiri Police Station, Hosur, Krishnagiri District 2.Baskar, Village Assistant, Kothagondapalli Village, Hosur Taluk, Krishnagiri District .....

Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, for the issuance of Writ of Mandamus, directing the 1st respondent to provide adequate police protection to the petitioner based on the complaint given by the petitioner dated 02.03.2025 by enabling him to fence his land in Survey No.519 situated in Kothakondapalli Village, Hosur Village, Krishnagiri District as per the judgment and decree dated 29.11.2024 passed in O.S No.214 of 2023 on the file of the District Munsif-cum-Judicial Magistrate No.I, Hosur.

For Petitioner : Mr. R.Bharath Kumar

For R1 : Mr.R.Vinothraja Government Advocate (Crl.Side)

O R D E R

This Writ Petition has been filed seeking a direction to the first respondent to provide adequate police protection to the petitioner to enable him to fence his property.

2. Heard the learned counsel appearing for the petitioner and the learned Government Advocate (Crl.Side) appearing for the first respondent. Perused the materials available on record.

3. The petitioner owned the property comprised in Survey No.519, admeasuring 3 acres, situated at Kothakondapalli Village, Hosur Taluk, Krishnagiri District. While being so, the second respondent is disturbing the petitioner's peaceful possession and enjoyment of the said property. The petitioner had filed a suit in O.S.No.214 of 2013 on the file of the District Munsif-cum-Judicial Magistrate No.I, Hosur, which was decreed by Judgment dated 29.11.2024. Based on the said decree of injunction, the petitioner is now seeking police protection to fence his property. However, if there is any violation of the order passed by the

Civil Court, 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 fencing a 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.

04.04.2025 Index : Yes/No : Yes/No Speaking/non-speaking order Lpp

G.K.ILANTHIRAIYAN, J.

Lpp To

1. The District Munsif-cum-Judicial Magistrate No.I, Hosur.

2.The Inspector of Police, Mathirgiri Police Station, Hosur, Krishnagiri District

3. The Public Prosecutor, High Court, Madras.

04.04.2025