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Madras High CourtWP Crl./80/2025disposed of

N.Palanisamy v. The Superintendent Of Police,

2025-09-09Honourable Mr Justice N. Sathish Kumar6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 09.09.2025

CORAM

THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR W.P.(Crl.)No.80 of 2025 1.

N.Palanisamy S/o.Natchimuthu Gounder 2.

P.Jothimani W/o.Palanisamy 3.

N.Sagunthala W/o.Balasubramaniam ... Petitioners versus 1.

The Superintendent of Police Tiruppur District Tiruppur - 641 604.

2.

The Deputy Superintendent of Police Palladam Taluk Tiruppur District Tiruppur - 641 664.

3.

The Inspector of Police Kamanaickenpalayam Police Station Tiruppur District Tiruppur - 641 658.

Pg.Nos.1/6

4.

Kandasamy Gounder S/o.Rame Gounder ... Respondents Writ Petition filed under Article 226 of Constitution of India, praying to issue a Writ of Mandamus, directing the respondents 1 to 3 herein to give police protection to the petitioners to fence the petitioners' land with wire mesh for the property comprised in S.F.No.253 situated at Karadivavi Village, Palladam Taluk, Tiruppur District by considering the petitioners' representation dated 28.03.2025.

For Petitioners :

Mr.R.Jayaprakash For Respondents :

Mr.K.M.D.Muhilan Additional Public Prosecutor, for R1 to R3 Mr.M.R.Thangavel, for R4

O R D E R

This Writ Petition is filed seeking for issuance of Writ of Mandamus, to direct the respondents 1 to 3 herein to give Police protection to the petitioners to fence their land with wire mesh in respect of the property comprised in S.F.No.253 situated at Karadivavi Village, Palladam Taluk, Tiruppur District, by considering their representation dated 28.03.2025. Pg.Nos.2/6

2. The grievance of the petitioners is that originally, the petitioners' father Natchimuthu Gounder filed a suit for partition in O.S.No.533 of 2002 on the file of the Subordinate Court, Tiruppur against his brother R.Kandasamy Gounder, the fourth respondent herein. As per the judgment and decree dated 07.11.2006, the suit scheduled properties have been equally allotted between petitioners' father and fourth respondent herein. According to the petitioners, their father was allotted with 5 acres and 21 cents of land out of 10.93 acres comprised in S.F.No.253 situated at Palladam Taluk, Karadivavi Village. Similarly, the fourth respondent also allotted with such an extent and final decree also attained its finality. When petitioners tried to fence their property, the same has been objected by the fourth respondent and hence, the petitioners seek police protection to fence the subject property.

3. Learned counsel appearing for the fourth respondent submitted that the fourth respondent had never objected the petitioners to fence the subject property. The said statement is recorded.

Pg.Nos.3/6

4. In such view of the matter, it is for the petitioners to fence their property. If any objection is made by the fourth respondent, the petitioner can give necessary complaint to the Police and on such complaint, the respondents-Police can give protection and survey has to be conducted with help of the Taluk Surveyor.

5. With the above directions, this Writ Petition is disposed of. There shall be no order as to costs.

09.09.2025 Index: Yes/No Speaking Order : Yes/No ms Pg.Nos.4/6

To 1.

The Superintendent of Police Tiruppur District Tiruppur - 641 604.

2.

The Deputy Superintendent of Police Palladam Taluk Tiruppur District Tiruppur - 641 664.

3.

The Inspector of Police Kamanaickenpalayam Police Station Tiruppur District Tiruppur - 641 658.

4.

The Public Prosecutor, High Court, Madras.

Pg.Nos.5/6

N.SATHISH KUMAR, J.

ms 09.09.2025 (2/2) Pg.Nos.6/6