R. Dinesh Kumar v. The Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 04-06-2025

CORAM

THE HONOURABLE MR JUSTICE P. VELMURUGAN

1. R. Dinesh Kumar S/o. P. Ramalingam, D.No.21, Kotha Theru, Vaitheesvaran Kovil, Sirkazhi, Mayiladuthurai District.

Petitioner(s) Vs

1. The Superintendent Of Police 2.The Deputy Superintendent Of Police Sirkazhi Taluk, 3.The Inspector Of Police Vaitheesvaran Police Station, Vaitheeswaran Koil, 4.The Tahsildar Taluk Office, Sirkazhi Taluk, 1/6

5.The Taluk Head Surveyor Taluk Office, Sirkazhi Taluk, 6.The Taluk Deputy Surveyor Taluk Office, Sirkazhi Taluk, 7.The Village Administrative Officer Vaitheesvaran Kovil, Sirkazhi, 8.MURUGESAN S/o. Arumugam, Kotha Street, Vaitheesvaran Kovil, Sirkazhi, Respondent(s) PRAYER Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, seeking direction to the respondents 1to 3 to grant adequate police protection for construction of the compound wall over and around the property, the land ad-measuring to an extent of 2466 sq. ft., situated in R.S. No.131/36 in Door No.21, Kotha Street, Vaitheeshwarankoil Village, Sirkazhi Taluk, Mayiladuthurai District.

For Petitioner(s):

Mr.P. Dinesh Kumar 2/6

ORDER

This Writ Petition has been filed seeking a direction to the respondents 1to 3 to grant adequate police protection for construction of the compound wall over and around the property, the land ad-measuring to an extent of 2466 sq. ft., situated in R.S. No.131/36 in Door No.21, Kotha Street, Vaitheeshwarankoil Village, Sirkazhi Taluk, Mayiladuthurai District.

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

3. Learned counsel for the petitioner submitted that One Mr.Samikannu Padayachi executed a sale deed in favour of petitioner's father and the same was registered as Doc.No.933 of 1981 on the file of the SRO, Sirkazhi. The petitioner's grandfather executed the registered Will and bequeathed the subject property to the petitioner and he is in possession and enjoyment of the same. Though the suit filed by the eighth respondent in O.S.No.66 of 2012 on the file of the District Munsif Court was dismissed, he along with his family members 3/6

removed the iron fence of the subject property. Hence, the petitioner made a representation before the fourth respondent to survey the petitioner's land and the same was not considered by the official concerned till date. Hence this writ petition.

4. On a perusal of the complaint/representations made by the petitioner before the respondent police and the affidavit filed in support of the petition, it is seen that the dispute between the parties is civil in nature. The Writ Court cannot conduct a roving enquiry and find out the correctness of the right and interest over the property. The police protection as sought for by the petitioner cannot be given, unless if there is any life threat to him. This Court is not inclined to grant the relief as sought for by the petitioner in this writ petition.

5. In view of the same, this Writ Petition is dismissed. No costs. 04-06-2025 mfa Index:Yes/No Speaking/Non-speaking order Internet:Yes 4/6

To 1.The Superintendent Of Police 2.The Deputy Superintendent Of Police Sirkazhi Taluk, Mayiladuthurai District.

3.The Inspector Of Police Vaitheesvaran Police Station, Vaitheeswaran Koil, Mayiladuthurai District.

4.The Tahsildar Taluk Office, Sirkazhi Taluk, 5.The Taluk Head Surveyor Taluk Office, Sirkazhi Taluk, 6.The Taluk Deputy Surveyor Taluk Office, Sirkazhi Taluk, 7.The Village Administrative Officer Vaitheesvaran Kovil, Sirkazhi,

8. The Public Prosecutor, High Court, Chennai.

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P.VELMURUGAN J.

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