T.Bakkiyam v. The Revenue Divisional Officer
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 11.06.2025
CORAM
THE HON'BLE MR. JUSTICE P.VELMURUGAN T.Bakkiyam ... Petitioner Vs.
1. The Revenue Divisional Officer Office of the Revenue Division Salem
2. The Commissioner of Police Salem City, Salem
3. State by Inspector of Police Sooramangalam Police Station Salem City, Salem ... Respondents PRAYER: Writ Petition filed under Section 226 of the Constitution of India to issue a Writ of Mandamus directing the respondents to provide police protection while constructing fencing around the petitioner's land measuring 0.59.5 Ares with Patta No.544 situate in Survey No.34/8A and new survey No.Ward A, Block 18, Town Survey No.11 in Ammapalayam Village, Salem, by considering the petitioner's representation dated 01.04.2025, 12.04.2025 and 28.04.2025.
For Petitioner : Mr.J.Nagarajan For Respondents : Dr.C.E. Pratap Government Advocate (Crl. Side)
O R D E R
This Writ Petition has been filed by the petitioner to direct the respondents to provide police protection while constructing fencing around the petitioner's land measuring 0.59.5 Ares with Patta No.544 situates in Survey No.34/8A and new Survey No.Ward A, Block 18, Town Survey No.11 in Ammapalayam Village, Salem, by considering the petitioner's representations dated 01.04.2025, 12.04.2025 and 28.04.2025.
2. The case of the petitioner is that the petitioner's husband had obtained a share of ancestor property by way of partition made in the year 1980 and they were in possession and enjoyment. After the demise of the petitioner's husband on 21.08.1991, the petitioner became the legal heirs to his estate. While so, all of a sudden, the encroachers of the adjacent government poramboke land made inroads into her property. In order to secure her property intact by installing fence, the petitioner
approached the survey officials and got demarcated her land by way of installing corner stones. When the petitioner attempted to fence the boundary of her lands, the encroachers removed the corner stones. Against the atrocities unleashed by the encroachers, the petitioner lodged complaints with the respondents to provide police protection to construct fence. Since the respondents failed to respondent to her complaints and representations, the petitioner has filed the present petition.
3. Heard both sides and perused the materials available on record.
4. It is seen that the dispute is civil in nature. The Writ Court cannot deal with the same. Therefore, this Writ Petition is dismissed.
5. However, the petitioner is at liberty to work out her remedy before the competent Court.
11.06.2025 ksa-2 Index:Yes/No Speaking Order: Yes/No
To
1. The Revenue Divisional Officer Office of the Revenue Division Salem
2. The Commissioner of Police Salem City, Salem
3. Inspector of Police Sooramangalam Police Station Salem City, Salem
4. The Public Prosecutor High Court of Madras, Chennai
P.VELMURUGAN,J.
ksa-2 11.06.2025