P.Mylsamy v. Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.08.2025

CORAM:

THE HON'BLE MR.JUSTICE N. SATHISH KUMAR P.Mylsamy ... Petitioner Vs.

1. The Superintendent of Police, District Police Office, Coimbatore - 18

2. State by, The Inspector of Police, Kinathukadavu Police Station, Coimbatore District.

... Respondents PRAYER : Writ Petition is filed under Article 226 of Constitution of India, to issue a Writ of Mandamus, to direct the second respondent to give police protection for the petitioner's lands in Survey No.46/B4 in Pottaiyandipurambu Village, Kinathukadavu Taluk, Coimbatore District, for putting up thorn fence (Mulveli) along the borders of his land. For Petitioner : Ms.Ra.Thejashevini for Mr.P.Dinesh Kumar For Respondents : Mr.K.M.D.Muhilan Additional Public Prosecutor 1/4

O R D E R

The Writ Petition has been filed seeking a direction to the second respondent Police to provide police protection to the petitioner for fencing his land.

2. Heard the learned counsel appearing for the petitioner and the learned Government Advocate (Criminal Side) appearing for the respondents.

3. It is the grievance of the petitioner that despite having obtained a decree and judgment for permanent injunction passed in O.S.No.517 of 1998 dated 22.12.2006 in favour of the petitioner, the defendant in the suit, along with others, is disturbing the petitioner's peaceful possession and enjoyment of the suit property. Therefore, the petitioner lodged a complaint against them in this regard. However, the First Information Report registered in Crime No.368 of 2021 was closed by the second respondent as 'Mistake of Fact'. Thereafter, the petitioner has given a representation seeking police protection for fencing his property, but since no action has been taken by the respondents, the present petition has been filed. 2/4

4. Considering the facts and circumstances of the case and since a decree and judgment stands in favour of the petitioner, this Court directs the respondents to provide necessary police protection to the petitioner to erect a fence along the borders of his property as set out in the civil suit.

5. Accordingly, this Writ Petition stands disposed of with the aforesaid direction. No costs.

22.08.2025 ham To

1. The Superintendent of Police, District Police Office, Coimbatore - 18

2. The Inspector of Police, Kinathukadavu Police Station, Coimbatore District.

3. The Public Prosecutor, High Court of Madras.

3/4

N. SATHISH KUMAR , J.

ham 22.08.2025 4/4