G.Ramalingam v. The District Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.03.2025

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN G.Ramalingam ... Petitioner -Vs1. The District Superintendent of Police, Office of The District Superintendent Office, Kallakurichi District.

2. The State of Tamil Nadu, Rep By Its The Inspector of Police, Thiyagaduragam Police Station, Thiyagadurugam And Kallakurichi District.

3. U.Anbazhagan

4. A.Sathish

...Respondents

Prayer : Writ Petition filed under Article 226 of Constitution of India praying for the issuance of a Writ of Mandamus, directing respondents 1 to 2 herein to provide Police Protection to fence his lands in respect of the Survey No.88/5 to an extent of 0.58 Cents and Survey No.37/16 to an extent of 00.26 Cents ad measuring an extent of 0.84 Cents which is situated at Chinnamampattu Village, Periyamampattu Post, Kallakurichi Taluk and District within the time as stipulated by this Honorable Court.

For Petitioner : Mr.D.Babu Varadharajan For R1 and R2 : Mr.A.Gopinath Government Advocate (Crl.side) For R3 and R4 : Mr.P.Rajavel O RDER

This Writ Petition has been filed for direction directing the respondents 1 to 2 herein to provide Police Protection to fence his lands in respect of the Survey No.88/5 to an extent of 0.58 Cents and Survey No.37/16 to an extent of 00.26 Cents ad-measuring an extent of 0.84 Cents which is situated at Chinnamampattu Village, Periyamampattu Post, Kallakurichi Taluk and District.

2. Heard both sides and perused the materials available on record.

3. The petitioner owned property comprised in S.No.88/5 to an extent of 0.58 cents and in S.No.37/16 to an extent of 0.26 cents ad-measuring an extent of 0.84 Cents which is situated at Chinnamampattu Village, Periyamampattu Post, Kallakurichi Taluk and District. While being so, the third respondent also claims the same property and as such, the petitioner's mother filed a suit in O.S.No.559 of 1984, on the file of the Principal District Munsif Court, Kallakurichi for declaration and the same was decreed by the Trial Court. Aggrieved by the same, the third respondent preferred appeal in A.S.No.56 of 1987, on the file of the Sub Court, Virudhachalam and the same was dismissed, confirming the decree passed by the Trial Court.

4. The learned counsel for the third and fourth respondents submitted that they are in possession and enjoyment of the subject property and in fact, on

the strength of the patta, the suit was decreed. Aggrieved by the patta, they filed an application to set aside the patta before the Revenue Divisional Officer and it is pending for enquiry.

5. In view of the above, the police protection cannot be granted in order to fence the property and the petitioner is at liberty to approach the civil Court for appropriate relief.

6. Accordingly, this writ petition stands dismissed. No costs. 04.03.2025 Internet: Yes Index : Yes/No Speaking/Non Speaking order mn G.K.ILANTHIRAIYAN. J, mn

To

1. The District Superintendent of Police, Office of The District Superintendent Office, Kallakurichi District.

2. The Inspector of Police, Thiyagaduragam Police Station, Thiyagadurugam And Kallakurichi District.

3. The Public Prosecutor, High Court, Madras.

04.03.2025