S.Ambigapathi, v. State Rep By,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated:26.07.2024 Coram:

THE HONOURABLE DR. JUSTICE G. JAYACHANDRAN W.P.No.14425 of 2024 S.Ambigapathi .. Petitioner /versus/ 1.State Rep by The Superintendent of Police, Thiruvannamalai District, Thiruvannamalai.

2.The Inspector of Police (L & O), C-1, Rural Police Station, Thiruvannamalai Rural, Thiruvannamalai.

3.Devadoss 4.Savithri 5.Sakthikumar .. Respondents (R-3 to R-4 impleaded vide order dated 25.06.2024 made in W.M.P.No.16245/2024 in W.P.No.14425/2024 by GJJ) 1/5

Writ Petition has been filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus to direct the respondents to give police protection to proceed the construction work (compound wall) in the petitioner's land in Survey No.9/7B, patta No.1777 situated at Kosalai Village, Thiruvannamalai Taluk by considering the petitioner's complaint dated 12.05.2024 to the second respondent and 22.05.2024 to the 1st respondent respectively. For Petitioner :Party in person For R1 & R2 :Mr.S.Udaya Kumar, Govt. ADvocate (Crl.Side) For R3 & R4 :Mr.P.K.Ilavarasan For R5 :Mr.S.Thirugnanam -----

ORDER

The learned Government Advocate (Crl.Side) appearing for respondents 1 and 2 submitted that since there is rival claim over the property, the respondents-police have referred the matter to RDO enquiry under Section 174 of Cr.P.C.

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2. The learned counsel appearing for the petitioner submitted that there is no dispute regarding boundary and title. Already a larger extent of land measuring to an extent of 1 acre 18 cents has been sub divided as per the final decree passed by the Civil Court and the vendor of the petitioner had obtained separate patta and been enjoying the property.

3. The respondents 3 and 4 appeared through their counsel, but they did not file counter. The first respondent has no objection for the petitioner to put up compound wall in his property.

4. The 2nd respondent police is directed to look into the revenue document properly and if the boundary has already been ascertained by the Court decree, necessary police protection shall be given to the petitioner to put up compound wall in his property. 3/5

5.With the above direction, this Writ Petition is disposed of. No costs.

26.07.2024 Index:yes/no Speaking order/non speaking order To:

1.The Superintendent of Police, Thiruvannamalai District, Thiruvannamalai.

2.The Inspector of Police (L & O), C-1, Rural Police Station, Thiruvannamalai Rural, Thiruvannamalai.

3.The Public Prosecutor, High Court, Madras.

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DR.G.JAYACHANDRAN,J.

ari W.P.No.14425 of 2024 26.07.2024 5/5