P.Thangamuthusamy v. The Commissioner Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED :29.08.2024
CORAM
THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN and WMP Nos.20791 & 20792 of 2024
1. P.Thangamuthusamy
2. N.Periyasamy
...Petitioners
Vs.
1. The Commissioner of Police, O/o. Commissioner of Police, Tiruppur, Althimarathottam, Sirupooluvapatti, Tiruppur 641 602.
2. The Inspector of Police, Anupparpalayam Police Station, Tiruppur.
3. Ramasamy
4. Deivathal
5. Govindammal .. Respondents Prayer:- Writ petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing respondents 1 and 2 herein to provide Police protection to the petitioners herein to enable 1/5
them to be in peaceful possession and enjoyment of the lands comprised in S.F.Nos.311 Part measuring an extent of 5.54 acres and 312 part measuring an extent of 5.73 acres together with a well thereon situated at Thottipalayam Village, Tiruppur Taluk, Tiruppur District. For Petitioner : Mr.V.P.Sengottuvel, Senior Counsel for Mr.K.R.Nishanth For Respondents : Mr.S.Udayakumar Government Advocate (Crl. Side) for RR 1 & 2 Mr.N.E.A.Dinesh, for RR3 & 5 Mr.P.Nethaji, for R4
O R D E R
The petitioner herein claiming ownership as well as possession of land measuring 5.54 acres in S.F.No.311 part and 5.73 acres in SF No.312 part, before this Court seeking Police protection, since the respondents 3, 4 and 5 trying to disturb his possession on the protest of civil dispute.
2. On notice, learned counsel appearing for respondents 3 and 5 stated that suppressing the pendency of the Appeal Suit regarding share in the property, the present petition is filed seeking Police protection, at the 2/5
same time also admitting the possession of the petitioner, state that they have never disturbed the possession of the petitioner and they are awaiting the outcome of the Appeal Suit.
3. The learned Government Advocate (Crl. Side) states that so far no complaint received regarding any disturbance to the possession of the petitioner and if there is any complaint, necessary protection will be granted. The complaint given by the petitioner has been enquired in CSR No.322 of 2024 and the same is pending.
4. Recording the same, the Writ Petition is disposed of directing the respondent Police to take necessary action if any further complaint received regarding illegal disturbance of the possession of the petitioner herein. There shall be no order as to costs. Consequently, the connected miscellaneous petitions are closed.
29.08.2024 jv Internet: Yes/No 3/5
Index: Yes/No speaking order/ Non Speaking order To
1. The Commissioner of Police, O/o. Commissioner of Police, Tiruppur, Althimarathottam, Sirupooluvapatti, Tiruppur 641 602.
2. The Inspector of Police, Anupparpalayam Police Station, Tiruppur.
3. The Public Prosecutor, High Court of Madras, Chennai.
4/5
Dr.G. JAYACHANDRAN, J.
jv 29.08.2024 5/5