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Madras High CourtWP/12794/2025dismissed

Murugasan v. The Superintendent Of Police

2025-04-08Honourable Mr Justice G.K. Ilanthiraiyan6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.04.2025

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Murugasan ... Petitioner -Vs1. The Superintendent of Police, Office of The Superintendent of Police, Dharmapuri District.

2. The Deputy Superintendent of Police, Office of The Deputy Superintendent of Police, Harur, Dharmapuri District.

3. The Inspector of Police, Kambainallur Police Station, Kambainallur, Dharmapuri District.

4. Kaveriyammal

...Respondents

Prayer : Writ Petition filed under Article 226 of Constitution of India praying for the issuance of a Writ of Mandamus, directing the 1 to 3 Respondents to give adequate police protection for the life and limb of petitioner for entering petitioner property bearing Survey No 52/4A3 to an extent of Punja Hectare 0.100 Asst. Rs 0.06 purchased vide sale deed dated 07.04.2004 registered as Doc.No 224/2004 at Pannikulam Village,

Harur Taluk, Dharmapuri district by considering the petitioner CSR No 67 of 2025 dated 26.01.2025.

For Petitioner : Mr.P.Yeangles For R1 to R3 : Mr.A.Gopinath Government Advocate (Crl.side) O RDER This Writ Petition has been filed for the issuance of Writ of Mandamus, directing the 1 to 3 Respondents to give adequate police protection for the life and limb of petitioner for entering petitioner property bearing Survey No 52/4A3 to an extent of Punja Hectare 0.100 Asst. Rs 0.06 purchased vide sale deed dated 07.04.2004 registered as Doc.No 224/2004 at Pannikulam Village, Harur Taluk, Dharmapuri district by considering the petitioner CSR No 67 of 2025 dated 26.01.2025.

2. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.side) for the respondents 1 to 3 and perused the materials available on record.

3. The petitioner owned property bearing Survey No 52/4A3 to an extent of Punja Hectare 0.100 Asst. Rs 0.06 purchased vide sale deed dated 07.04.2004 registered as Doc.No 224/2004 at Pannikulam Village, Harur Taluk, Dharmapuri district. The petitioner filed a suit for declaration and permanent injunction in respect of the said property as against the fourth respondent and the said suit was decreed in favour of the petitioner and confirmed upto this Court. However, the petitioner is unable to enter into the property, since the fourth respondent is preventing his entry.

4. It seems that the fourth respondent is in possession of the subject property. Though the petitioner obtained decree, he has to take possession of the subject property from the fourth respondent in the manner known to law.

5. Therefore, the representation submitted by the petitioner seeking police protection cannot be considered and the writ petition is devoid of merits and is liable to be dismissed.

6. Accordingly, this writ petition is dismissed. No costs. 08.04.2025 Internet: Yes Index : Yes/No Speaking/Non Speaking order mn

To

1. The Superintendent of Police, Office of The Superintendent of Police, Dharmapuri District.

2. The Deputy Superintendent of Police, Office of The Deputy Superintendent of Police, Harur, Dharmapuri District.

3. The Inspector of Police, Kambainallur Police Station, Kambainallur, Dharmapuri District.

4. The Public Prosecutor, High Court, Madras.

G.K.ILANTHIRAIYAN. J, mn 08.04.2025