Shyamala Devi v. The Superintendent Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 29.04.2025
CORAM:
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN W.P.No.15575 of 2025 Shyamala Devi ... Petitioner Vs.
1.The Superintendent of Police Office of the Superintendent of Police Nethimedu Salem.
2.The Deputy Superintendent of Police Office of the Deputy Superintendent of Police Omalur 3.The Inspector of Police, Omalur Police Station, Omalur, 4.Karthik 5.Rajeshwari 6.Priyadarshini 7.Ramasamy ..Respondents
PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, praying for the issuance of Writ of Mandamus directing the respondents 1 to 3 to consider the petitioner's representation dated 26.03.2025 and take appropriate action by providing adequate police protection during wire fencing of agricultural land measuring 1 Acre and 4 1⁄4 cents comprising of 8 cents in S.No.54/5B2, 17 1⁄4 cents in S.No.54/5A1, 5 cents in S.No.54/5C of Gopinathapuram Village, Omalur Taluk, Salem District and 2 1⁄4 cent in S.No.70/4C, 5 cents in S.No.69/4B2, 2 1⁄4 cents in S.No.70/4A, 34 1⁄2 cents in S.No.70/4B & 30 cents in S.No.70/5A of Sakkarachettipatti Village, Omalur Taluk, Salem District.
For Petitioner : Mr.S.Kishore Kumar For R1 to R3 : Mr.A.Gopinath, Government Advocate (crl.side).
O R D E R
This Writ Petition has been filed seeking a direction to the respondents 1 to 3 to consider the petitioner's representation dated 26.03.2025 and take appropriate action by providing adequate police protection to enable the petitioner to carry out wire fencing of his
agricultural land measuring 1 acre and 44 cents, situated in Gopinathapuram Village and Sakkarachettipatti Village, Omalur Taluk,
2. The petitioner claims ownership over the said land, comprising of 8 cents in S.No. 54/5B2, 171⁄4 cents in S.No. 54/5A1, 5 cents in S.No. 54/5C, 21⁄2 cents in S.No. 70/4C, 5 cents in S.No. 69/4B2, 21⁄2 cents in S.No. 70/4A, 341⁄2 cents in S.No. 70/4B, and 30 cents in S.No. 70/5A, totalling 1 acre and 44 cents, situated within the revenue limits of Gopinathapuram and Sakkarachettipatti Villages, Omalur Taluk, Salem District. While being so, the petitioner intended to fence his property to prevent the trespassing and unauthorized access, however, the respondents 4 to 7 are allegedly threatening and obstructing the petitioner from erecting the fence, thereby infringing upon her peaceful possession and enjoyment of the property. Therefore, the petitioner submitted a representation dated 26.03.2025 to the respondents 1 to 3, seeking necessary police protection. As no effective action was taken, the petitioner has approached this Court by way of the present writ petition.
3. Heard both sides and perused the materials placed on record
4. Considering the facts and circumstances of the case, this Court is of the view that police protection can only be granted to safeguard the life and limb of a person. If there is any obstacle or objection while erecting a fence around the petitioner's property, the petitioner may approach the Civil Court for appropriate relief.
5. With the above directions, this writ petition stands dismissed. No costs.
29.04.2025 Speaking/non-speaking order Index: Yes/No shk
To 1.The Superintendent of Police Office of the Superintendent of Police Nethimedu Salem.
2.The Deputy Superintendent of Police Office of the Deputy Superintendent of Police Omalur 3.The Inspector of Police, Omalur Police Station, Omalur, 4.Public Prosecutor, Madras High Court
G.K.ILANTHIRAIYAN, J.
shk W.P.No.15575 of 2025 29.04.2025