V.Devarajan v. Commissioner Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 16.04.2025

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN V.Devarajan .....

Petitioner Vs 1.Commissioner of Police Annathanapatti, Salem District-636 006.

2.Inspector of Police Ammapettai Police Station, Salem Taluk and District 3.Lakshmanan .....

Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, for the issuance of Writ of Mandamus, directing the 1st and 2nd respondents to give adequate police protection for the life, limb and property of petitioner and his family during laying boundary stones and construction of compound wall in the property situated at T.S.Nos. 44/4, 53/2, 54, in Block No.28, 29 Ward No.AL Ammapettai Village,Salem Town and District measuring an extent of 2 Acres and 54.5 cents.

For Petitioner : Mr.T.C.Gopalakrishnan For R1 & R2 : Mr.A.Gopinath Government Advocate (Crl.Side)

O R D E R

This Writ Petition has been filed seeking a direction to the 1st and 2nd respondents to provide police protection to the petitioner and his family members, while laying boundary stones and constructing a compound wall in the property comprised in T.S.Nos. 44/4, 53/2, 54, admeasuring 2 acres and 54.5 cents, situated at Block No.28, 29 Ward No.AL Ammapettai Village, Salem Town and District.

2. Heard the learned counsel appearing for the petitioner and the learned Government Advocate (Crl.Side) appearing for the respondents 1 and 2. Perused the materials available on record.

3. The petitioner owned property comprised in T.S.Nos. 44/4, 53/2, 54, admeasuring 2 acres and 54.5 cents, situated at Block No.28, 29 Ward No.AL Ammapettai Village, Salem Town and District. The subject property was surveyed with the help of surveyor and the boundaries have been demarcated. While being so, the third respondent is disturbing the petitioner's peaceful possession and enjoyment of the subject property. It is also brought to the notice of this Court that the

third respondent has filed a suit in O.S.No.576 of 2023, which is pending on the file of the District Munsif Court, Salem.

4. In view of the above, the direction sought for in this writ petition cannot be considered. Accordingly, this Writ Petition is dismissed. However, the petitioner is at liberty to approach the Civil Court for appropriate relief. No costs.

16.04.2025 Index : Yes/No : Yes/No Speaking/non-speaking order Lpp To 1.The Commissioner of Police Annathanapatti, Salem District-636 006.

2.The Inspector of Police Ammapettai Police Station, Salem Taluk and District 3.The Public Prosecutor, High Court, Madras.

G.K.ILANTHIRAIYAN, J.

Lpp 16.04.2025