Usha Rani Seenu v. The District Collector,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 04-09-2025
CORAM
THE HONOURABLE MR JUSTICE N. SATHISH KUMAR Usha Rani Seenu Appellant(s) Vs
1. The District Collector, Collectorate Office at Tirupur, Tirupur District.
2.Revenue Divisional Officer, Dharapuram Taluk, Dharapuram, Tiruppur District.
3.The Tahsildar, Dharapuram Taluk, Dharapuram, Tirupur District.
4.Village Administrative Office, Kundadam Village, Dharapuram Taluk, Tiruppur District.
5.The Inspector of Police, Kundadam police Station, Kundadam, Dharapuram.
6.B.Shanmugapriya Respondent(s)
PRAYER Directing the 5th Respondent to give a police protection for laying a Iron Fence over the Demarcated area as measured and given by the 3rd and 4th Respondent on 11.07.2025 with the Help of 5th Respondent and on all sides of the corners of the petitioners property in Vacant land bearing Old S.No.813-A and New S.No.499, measuring about Acre 1.46 cents and Old S.No.814-A, New S.No.498 measuring about Ace 4.68 cents and totally admeasuring about Acre 6.14 cents in Kundadam Village, Dharapuram Taluk, Registration District of Thiruppur and Sub -registration District of Dharapuram, and also to give protection to the petitioner at the time of laying Iron Fence on all sides of the corners of the property.
For Appellant(s):
A.M.Krishnamoorthy For Respondent:
Mr.R.Vinothraja, Govt. Advocate (Crl. Side) for RR1 to 5
ORDER
This petition has been filed seeking direction to the fifth respondent to give police protection for laying Iron Fence over the Demarcated area.
2. It is the case of the petitioner that he is the absolute owner of the subject property and the sixth respondent without any valid document interfered into his possession. The petitioner already obtained decree in Execution Petition and took possession of the property. However, the sixth respondent filed a suit
for declaration in OS.No.85 of 2023 on the file of District Munsif, Dharapuram, wherein the petitioner filed rejection of plaint in IA.No.3 of 2023 and the same came to be allowed on 25.04.2024. Subsequently, the sixth respondent filed another suit and the same also came to be dismissed on 29.04.2024. Thereafter, the petitioner applied for a sub-division patta and the third respondent agreed to measure and fix stone in the property. However, the sixth respondent objected to measure the subject property. Subsequently, the petitioner filed WP.No.5102 of 2025 to demarcate the property by fixing stone on all the corners and the same was allowed by this Court by order dated 26.02.2005. Even thereafter, the petitioner has not been allowed to fence the property and hence, the present petition.
3. The learned counsel for the petitioner submitted that the sixth respondent lost all her legal remedies against the petitioner in respect the subject property, but she has not allowed the petitioner to fence the property.
4. Heard both sides and perused the materials available on record.
5. Considering the fact that various litigations, which ended in favour of the petitioner, execution petition ordered and possession is taken, thereafter, this Court also directed to demarcate the property by order dated 26.02.2025 in WP.No.5102 of 2025, it is appropriate for the Police to give necessary protection for laying fence. Therefore, the respondent police is directed to give protection whenever asked by the petitioner for fencing the subject property. Accordingly, this petition is disposed of.
04-09-2025 pvs Index:Yes/No Speaking/Non-speaking order Internet:Yes
To 1.The District Collector, Collectorate office at Tirupur, Tirupur District.
2.Revenue Divisional Officer, Dharapuram Taluk, Dharapuram, Tiruppur District.
3.The Tahsildar, Dharapuram Taluk, Dharapuram, Tirupur District.
4.Village Administrative Office, Kundadam Village, Dharapuram Taluk, Tiruppur District.
5.The Inspector of Police, Kundadam police Station, Kundadam, Dharapuram.
N.SATHISH KUMAR J.
pvs 04-09-2025