Kanchana v. The Commissioner Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 09.09.2022

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Kanchana ... Petitioner Vs.

1. The Commissioner of Police, Greater Chennai, Avadi, Chennai-600 054.

2. The Inspector of Police, T-10, Thirumullaivoyil Police Station, Thirumullaivoyil, Chennai-600 062.

3. Saravanan

4. Mullaitamizhan

5. Murugan ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, to direct the second respondent to give police protection for construction of compound wall to the petitioner's property situated at Old S.F.No.871 new S.F.No.871/1, Ward-D, Block No.2, T.S.No.6 Part No.16, Thirumullaivoyil Village, Avadi Taluk, Thiruvallur District to an extent of 3156 sq.ft., in Plot No.38B by considering the representation dated 12.08.2022. For Petitioner : Mr.B.Kumarasamy For Respondents : Mr.S.Santhosh Government Advocate (Crl.Side) for R1 & R2

O R D E R

This petition has been filed seeking for issuance of a Writ of Mandamus, to direct the second respondent to give police protection for construction of compound wall to the petitioner's property situated at Old S.F.No.871 new S.F.No.871/1, Ward-D, Block No.2, T.S.No.6 Part No.16, Thirumullaivoyil Village, Avadi Taluk, Thiruvallur District to an extent of 3156 sq.ft., in Plot No.38B by considering the representation dated 12.08.2022.

2. The learned counsel for the petitioner would submit that the petitioner's husband owned the aforesaid property and they decided to construct a compound wall for the protection of the subject property. However, the respondents 3 to 5 herein objected to construct the same. Therefore, on 12.08.2022, the petitioner lodged a complaint before the second respondent. On receipt of the complaint, the second respondent issued notice to the petitioner as well as the respondents 3 to 5 herein and conducted a detailed enquiry and the same was closed on 13.08.2022, as

the case is civil in nature. Hence, he prays to allow the petition.

3. Heard both sides.

4. It is made clear that police protection can only be granted to an individual or an organisation, who face threats to their lives and not to the property of a person. Hence, the prayer sought for by the petitioner cannot be granted. However, the petitioner is at liberty to approach the Civil Court, if there is any obstruction by the respondents 3 to 5 for construction of the subject property.

5. Accordingly, this Writ Petition is dismissed. No Costs. 09.09.2022 Index: Yes/No Speaking order:Yes/No Anu

To

1. The Commissioner of Police, Greater Chennai, Avadi, Chennai-600 054.

2. The Inspector of Police, T-10, Thirumullaivoyil Police Station, Thirumullaivoyil, Chennai-600 062.

G.K.ILANTHIRAIYAN, J.

Anu 09.09.2022