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Madras High CourtWP/25615/2024dismissed

N.Balu v. The Revenue Divisional Officer

2024-11-26Honourable Mr Justice P. Velmurugan5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 26.11.2024

CORAM

THE HON'BLE MR. JUSTICE P.VELMURUGAN N.Balu ... Petitioner Vs.

1. The Revenue Divisional Officer, Sangagiri, Salem District.

2. The Tahsildar, Sangagiri Taluk, Salem District.

3. The Inspector of Police, Magudamsavadi Police Station, Salem District.

4. Angammal

5. Siddammal @ Panchali ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, to direct the third respondent to provide police protection for fencing the petitioner's land in S.No.459/4A1 in patta No.1337 to the extent of 0.10 cent situated at Edanganasalai

Village, Sangagiri Taluk, Salem District based on the application dated 16.08.2024.

For Petitioner : Mr.P.Rajavelayutham For R1 to R3 : Mr.S.Sugendran Additional Public Prosecutor For R4 & R5 : Mr.R.Marudhachalamurthy

O R D E R

This Writ Petition has been filed to issue a Writ of Mandamus, to direct the third respondent to provide police protection for fencing the petitioner's land in S.No.459/4A1 in patta No.1337 to the extent of 0.10 cent situated at Edanganasalai Village, Sangagiri Taluk, Salem District based on the application dated 16.08.2024.

2. Heard the learned counsel appearing for the petitioner, the learned Additional Government Pleader appearing for the official respondents and the learned counsel appearing on behalf of the private respondents and perused the materials available on record.

3. With regard to the property in dispute between the parties, the

civil suit in O.S.No.386 of 2020 on the file of the First Additional District Court, Salem is pending. The Writ Court cannot conduct a roving enquiry and find out the correctness of the right and interest over the property. The competent court is the Civil Court which can testify the veracity of the pleadings and the documents by way of oral and documentary evidence.

4. In view of the above, the Writ Petition is dismissed. However, the petitioner is at liberty to workout his remedy before the Civil Court, in the manner known to law. There shall be no order as to costs. 26.11.2024 mfa Index:Yes/No Speaking Order: Yes/No

To

1. The Revenue Divisional Officer, Sangagiri, Salem District.

2. The Tahsildar, Sangagiri Taluk, Salem District.

3. The Inspector of Police, Magudamsavadi Police Station, Salem District.

P.VELMURUGAN, J.

mfa 26.11.2024