K.Ramachandran v. The Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.06.2025

CORAM

THE HON'BLE MR. JUSTICE P.VELMURUGAN K.Ramachandran ... Petitioner Vs.

1. The Superintendent of Police District Police Office Nethimedu, Salem, Tamil Nadu - 636 002

2. The Inspector of Police Atthur Police Station (Rural) Salem, Tamil Nadu - 636 102 ... Respondents PRAYER: Writ Petition (Criminal) filed under Article 226 of Constitution of India to issue a Writ of Mandamus to direct the respondents to grant police protection to the petitioner to carry on the construction of compound wall, in accordance with law, in the petitioner's property situated in SNK Illam, Sadhasivapiram (Post), Thalaivasal, Taluk, Salem, Tamil Nadu comprised in S.No.82/1A, 82/1B, 82/2A and 82/3A.

For Petitioner : Mr.Vikram Veerasamy For Respondents : Mr.S.Vinoth Kumar Government Advocate (Crl. Side)

O R D E R

This Writ Petition (Criminal) has been filed by the petitioner to direct the respondents to grant police protection to the petitioner to carry on the construction of compound wall, in accordance with law, in the petitioner's property situated in SNK Illam, Sadhasivapiram (Post), Thalaivasal, Taluk, Salem, Tamil Nadu comprised in S.No.82/1A, 82/1B, 82/2A and 82/3A.

2. The learned counsel for the petitioner submitted that the petitioner acquired the said property through a partition deed dated 01.09.2024 registered as Doc.No.4069/2014 and that the petitioner is in possession of the said property. After acquiring the property, a house was constructed and subsequently, steps were taken to construct a compound wall around the said property. In furtherance of the same, foundation was laid for the compound wall on the eastern side of the property. The property is bounded by the Panchayat Road on the northern and southern sides. In these circumstances, the petitioner's borther lodged a complaint before the local police alleging that there had been encroachment upon the Panchatyat road during the construction of the compound wall. Hence, the petitioner submitted a representation to the police and further

undertook to engage the services of an official Surveyor to ascertain the boundaries, extent of the property and the Panchayat road and subsequently, proceeded with the construction of the compound wall based on the survey report. However, his brother is preventing him from constructing the compound wall as if, the petitioner is constructing the compound wall in the Panchyat road. Hence, the present petition is filed seeking police protection while constructing compound wall.

3. Heard and perused the materials available on record.

4. A reading of the materials clearly shows that the dispute is civil in nature. Further, the petitioner neither impleaded his brother nor the members of the Panchayat and trying to give a criminal colour to the civil dispute with the help of police.

5. Therefore, this Court is not inclined to entertain this petition. The scope of writ petition is limited. This Court cannot conduct a rowing enquiry and go into the rights and title of the parties which requires detailed trial based on documents.

6. Accordingly, this writ Petition (Criminal) is dismissed.

7. However, the petitioner is at liberty to work out his remedy in

the manner known to law.

23.06.2025 ksa-2 Index:Yes/No Speaking Order: Yes/No

To

1. The Superintendent of Police District Police Office Nethimedu, Salem, Tamil Nadu - 636 002

2. The Inspector of Police Atthur Police Station (Rural) Salem, Tamil Nadu - 636 102

3. The Public Prosecutor High Court of Madras, Chennai

P.VELMURUGAN,J.

ksa-2 23.06.2025