← Library
Madras High CourtWP/30278/2022disposed of

I.Chidambaram v. The Superintendent Of Police

2022-11-15Honourable Mr Justice V.Sivagnanam5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 15.11.2022

CORAM

THE HONOURABLE MR.JUSTICE V.SIVAGNANAM L. Chidambaram

...Petitioner

vs

1. The Superintendent of Police, Erode District, Erode.

2. The Inspector of Police, Ammapettai Police Station, Erode District.

...

Respondents Prayer : Writ Petition has been filed under Article 226 of the Constitution of India to issue a writ of Mandamus directing the second respondent police to provide police protection during the survey of the land measuring to an extent of 72 1/2 cents comprised in old S.No.240(1) (a), New S.No.562, Chinna Kumarapalayam, Kuruchi Village, Bhavani Taluk, Erode district as per the order passed in O.S.No.46 of 2009 dated 20.01.2022 on the file of District Munsif Court, Bhavani, Erode by considering the petitioner's

representation dated 29.10.2022.

For Petitioner ... Mr.M.Dinesh For Respondents ... Mr.S.Santhosh Government Advocate (Crl.side)

ORDER

This writ petition has been filed to direct the second respondent police to provide police protection during the survey of the land measuring to an extent of 72 1/2 cents comprised in old S.No.240(1) (a), New S.No.562, Chinna Kumarapalayam, Kuruchi Village, Bhavani Taluk, Erode district as per the order passed in O.S.No.46 of 2009 dated 20.01.2022 on the file of District Munsif Court, Bhavani, Erode by considering the petitioner's representation dated 29.10.2022.

2. The case of the petitioner is that the petitioner is the actual owner of the property and thereafter he let out the property for agriculture and subsequently the said property has been encroached by the illegal occupans. Hence, he filed a suit before the competent civil court and the same was

decreed in his favour. After obtaining order from the trial Court, the petitioner has approached the Revenue Officials to measure the property and the same was restrained by the illegal occupants. Hence he gave a representation to the respondents seeking police protection on 29.10.2022. Since there was no response, the petitioner had filed the present writ petition.

3. The learned Counsel appearing for the petitioner submitted that the second respondent may be directed to consider the petitioner's representation, dated 29.10.2022.

4. The learned Government Advocate (Crl.Side) submitted that the petitioner's representation dated 29.10.2022 is available with the second respondent and that the second respondent is ready to consider the petitioner's representation.

5. Recording the same, the second respondent is directed to consider the petitioner's representation dated 29.10.2022, on merits and in accordance

with law and provide adequate police protection while surveying the petitioner's land measuring to an extent of 72 1/2 cents comprised in old S.No.240(1) (a), New S.No.562, Chinna Kumarapalayam, Kuruchi Village, Bhavani Taluk, Erode district. The entire exercise shall be completed within a period of two weeks from the date of receipt of a copy of this order.

6. With the above direction, this writ petition stands disposed of. No costs.

15.11.2022 Index:Yes/No Speaking/Non speaking order dpq

V. SIVAGNANAM , J.

dpq To

1. The Superintendent of Police, Erode District, Erode.

2. The Inspector of Police, Ammapettai Police Station, Erode District.

3. The Public Prosecutor, High Court, Madras.

15.11.2022