P.Ramasamy v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 20.02.2025

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN P. Ramasamy ... Petitioner Vs.

1. The Inspector of Police, Chinnaselam Police Station, Kallakurichi District.

2. The Sub-Inspector of Police, Keezhkuppam Police Station, Kallakurichi District.

3. Selvakumar

4. Ramachandhiran

5. Thirumalai

6. Pazhaniyammal

7. Mayilsamy

8. Kuttathal

9. Chinnammal .... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus to direct the respondents 1 and 2 to consider the petitioner's representation dated 17.07.2024 to provie adequate police protection to enable the petitioner to complete barbed wire fencing in respect of the lands in Survey Nos.257/2C1 &

257/6 situated in Thottapadi Village, Chinnaselam Taluk, Kallakurichi District within a time period to be stipulated by this Court. For Petitioner : Mr. R. Bharath Kumar For Respondents : Mr.A.Gopinath, GA (crl.side) - R1 & R2 Mr.V.Vargees and Raja - R3 to R9 O R D E R This Writ Petition has been filed for issuance of Writ of Mandamus to direct the respondents 1 and 2 to consider the petitioner's representation dated 17.07.2024 to provie adequate police protection to enable the petitioner to complete barbed wire fencing in respect of the lands in Survey Nos.257/2C1 & 257/6 situated in Thottapadi Village, Chinnaselam Taluk, Kallakurichi District within a time period to be stipulated by this Court.

2. It is the case of the petitioner that he is the absolute owner of the land in S.Nos.257/2C1 & 257/6 situated in Thottapadi Village, Chinnaselam Taluk, Kallakurichi District and his title to the abovesaid land has been upheld by the Civil Court in O.S.No.696 of 1996 which

was filed by the petitioner against the respondents 3 to 9. Based on the decree dated 26.03.2003 obtained by him in O.S.No.696 of 1996 passed by the learned Principal District Munsif Court, Kallakurichi and the order passed by this Court in W.P.No.13576 of 2024, the petitioner's land was surveyed and the boundaries of his lands were also demarcated by a surveyor by putting up survey stones. Whileso, when the petitioner attempted to put up barbed wire fencing around his lands, he was prevented by the respondents 3 to 9 from fencing of his lands. Further, they abused him in a filthy language and also threatened him and his family members with dire consequences. Hence the petitioner lodged a police complaint before the 2nd respondent on 17.07.2024 against the respondents 3 to 9 and the same was received by issuing CSR.No.181 of 2024. However, there is no action was taken by the respondents on the complaint of the petitioner.

3. Learned Govt. Advocate (crl.side) appearing for the respondents 1 and 2 submitted that the complaint received in CSR.No.181 of 2024 is pending enquiry.

4. Heard the learned counsel appearing for the petitioner, learned Govt. Advocate (crl.side) appearing for the respondents 1 and 2 and the learned counsel appearing for the respondents 3 to 9.

5. It is seen that the complaint lodged by the petitioner is still pending for enquiry. In view of the above, the 1st respondent is directed to conduct enquiry on the complaint lodged by the petitioner in CSR.No.181 of 2024, after issuing notice to the petitioner as well as respondents 3 to 9 and pass orders on the same, after giving an opportunity of personal hearing to both sides, on merits and in accordance with law within a period of four weeks from the date of receipt of a copy of this order.

6. The Writ Petition is disposed of with the above direction. No costs.

20.02.2025 Index : Yes/No : Yes/No msr

To

1. The Inspector of Police, Chinnaselam Police Station, Kallakurichi District.

2. The Sub-Inspector of Police, Keezhkuppam Police Station, Kallakurichi District.

G.K.ILANTHIRAIYAN, J.

msr 20.02.2025