Jaishankar D v. State Rep By The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 01.04.2025

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN D.Jai Shankar ... Petitioner Vs.

1.State rep. by The Inspector of Police, S-7, Madipakkam Police Station, Kilkatalai, Chennai.

2.Girija ... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, to issue Writ of Mandamus, directing the first respondent herein to give police protection to the petitioner to carry out the construction work on his own land to an extent of 4812 sq.ft situated in Old Paimas No.1303/6, New Survey No.124/1, Plot Nos. 1 & 1A of 15th street, Ram Nagar South, Madipakkam, Chennai by considering the petitioner's representation dated 27.02.2025 submitted before the 1st respondent herein.

For Petitioner : Mr.V.R.Appaswamee For R1 : Mr.A.Gopinath Government Advocate (Crl.Side)

O R D E R

This Writ Petition has been filed for a direction, directing the first respondent to provide police protection to carry out the construction work of the petitioner's property situated at Old Paimas No.1303/6, New Survey No.124/1, Plot Nos. 1 & 1A of 15th street, Ram Nagar South, Madipakkam, Chennai based on the representation of the petitioner dated 27.02.2025.

2. Heard the learned counsel appearing on either side and perused the materials available on record.

3. The police protection can only be provided for human life and it cannot be granted for property. That apart, there is a civil dispute between the petitioner and the second respondent. According to the second respondent, he is in possession and enjoyment of the said property, though the suit for permanent injunction was dismissed in O.S.No.20 of 2012 on the file of the District Munsif Court, Alandur. Aggrieved by this, on 26.02.2025, the second respondent along with

other persons, trespassed into the property of the petitioner and threatened him not to carry out any construction work, for which the petitioner filed a complaint before the first respondent dated 27.02.2025 to conduct enquiry and the same is pending. Since, the civil dispute is pending between the petitioner and the second respondent, the police protection cannot be granted to the petitioner.

4. In view of the above, the request made by the petitioner cannot be considered. Thus, the writ petition lacks merits and is liable to be dismissed. Accordingly, this Writ Petition stands dismissed. No costs.

01.04.2025 Index : Yes/No : Yes/No Speaking/non-speaking order drl To 1.The Inspector of Police, S-7, Madipakkam Police Station, Kilkatalai, Chennai.

2.The Public Prosecutor, High Court of Madras, Chennai.

G.K.ILANTHIRAIYAN, J.

drl 01.04.2025