D.Dhanavel Pillai v. The Superitendent Of Police
W.P.Crl.No.491 of 2025 D.BHARATHA CHAKRAVARTHY . J., This matter is listed under the caption for 'being mentioned'. The learned counsel prays that in the prayer portion of the order dated 05.08.2025, instead of Patta No.407 a typographical error has crept in and has been erroneously typed as Patta No.107, the same has to be corrected. Secondly, S.No.289/27 has to be corrected as S.No.289/37.
2. Let the Registry upload the corrected order and issue fresh order copy to the parties.
3. In other respects, the order dated 05.08.2025 shall remain unaltered.
08.09.2025 rap
D.BHARATHA CHAKRAVARTHY . J., rap W.P.Crl.No.491 of 2025 08.09.2025
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 05-08-2025
CORAM
THE HONOURABLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY WP Crl. No. 491 of 2025
1. D.Dhanavel Pillai S/o. Duraisami, No.113, Mariamman Kovil Street, Perumalai Village and Post, Thittakudi taluk, Cuddalore District.
Appellant(s) Vs
1. The Superintendent of Police Cuddalore District, Cuddalore.
2.The Deputy Superintendent of Police Thittakudi, Cuddalore District, Cuddalore.
3.The Inspector of Police (L and O) Thittakudi Police Station, Cuddalore District, Cuddalore.
4.Ramasami S/o. Thotti, NO.144, East Street, Perumalai Village and Post, Thittakudi taluk, Cuddalore District.
5.Rajagopal S/o.Ponnumani, Perumalai Village and Post, Thittakudi taluk, Cuddalore District.
Respondent(s) PRAYER This Writ Petition (Criminal) is filed under Article 226 of Constitution of India, praying to issue a writ of Mandamus, directing the respondents No.1 to 3 to give police protection to the Petitioner land in S.No.289/33, 289/35, patta No.107, and S.No.289/36, 289/27, Patta No.408,409, Perumalai Village and Post, Thittakudi taluk, Cuddalore District., to extend of 506 Square Meter for the purpose of fencing and to erect a compound wall based on petitioner Representation dated 03.07.2025 on such terms and conditions as may deemed fit and thus render justice. For Appellant(s):
Mr.K. G.Senthil Kumar For Respondent:
Dr.C.E.Pratap, Government Advocate (Crl.Side) for R1 toR3
ORDER
The writ petition filed for mandamus directing the respondents 1 to 3 to give police protection to the petitioners land in survey number 289/33 etc., situated in Perumalai Village and Post, Thittakudi taluk, Cuddalore District.
2.It is the case of the petitioner that he is the absolute owner of the properties that are mentioned in the prayer admeasuring to an extent of 506 square metres. The rival party, namely the 4th and 5th respondents, created fraudulent documents and tried to interfere with the possession and enjoyment of the petitioner. The petitioner has approached the appropriate authorities, and all the pattas were cancelled, and the documents which were falsely created by the 4th and 5th respondents were also declared to be fraudulent documents. Even thereafter, the petitioner is unable to fence the property, and therefore he has come up with the present writ petition.
3.The learned counsel for the petitioner by taking this court through relevant documents, more specifically to the representation made by the petitioner on 3/7/2025, and the 14 documents which are referred to in the said representation and would submit that repeatedly this petitioner has been made to run pillar to post by the 4th and 5th respondents. In spite of having a clear and categorical title, the 4th and 5th respondents are interfering every now and then with the petitioner's possession and enjoyment, and therefore the police should give protection for fencing the property.
4.I also heard the learned government advocate (criminal side) in the matter.
5.Even if it is the claim made by the learned counsel for the petitioner, that the petitioner has a clear title in respect of the property and the 4th and 5th respondents are unnecessarily interfering into his possession and enjoyment, the appropriate remedy would be to first invoke the jurisdiction of the concerned Civil Court. If any interim order is granted in favour of the petitioner and produced before the respondents 1 to 3 herein, then the respondents 1 to 3 herein shall appropriately grant protection to the petitioner for the purpose of securing his land. 6.With the above observations made against the respondents 1 to 3 and the liberty given to the petitioner, this writ petition is disposed of at the admission stage without notice to the respondents 4 and 5.No costs. 05-08-2025 jrs Index:Yes/No Speaking/Non-speaking order Internet:Yes To
1.The Superitendent of Police Cuddalore District, Cuddalore.
2.The Deputy Superintendent of Police Thittakudi, Cuddalore District, Cuddalore.
3.The Inspector of Police (L and O) Thittakudi Police Station, Cuddalore District, Cuddalore.
4.The Public Prosecutor, High Court of Madras .
D.BHARATHA CHAKRAVARTHY J.
jrs WP Crl. No. 491 of 05-08-2025