V.Rajendran v. The Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18.10.2024

CORAM

THE HON'BLE Dr.JUSTICE G.JAYACHANDRAN V.Rajendran ... Petitioner Vs.

1.The Superintendent of Police, O/o.the Superintendent of Police, Salem District.

2.The Inspector of Police, Ethappur Police Station, Ethappur Salem District.

3.T.Karupaiah ... Respondents Prayer:- Writ petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondent police to provide adequate police protection to install iron fencing in the petitioner's property in survey number 367/lB1, 367/lCl in Ethapur Village, Pethanaicken Palayam Taluk, Salem District by disposing of the petitioner's complaint/representation dated 27.12.2022 and reminder representation dated 19.06.2023.

For Petitioner : Ms.V.Ranjitha For R1 & R2 : Mr.K.M.D.Muhilan Government Advocate (Crl.Side)

ORDER

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The petitioner herein seeks police protection for fencing his land. 2.

According to the petitioner, the neighbouring land owner who is the 3rd respondent herein and also joint pattadar of the property is objecting for fencing his potion of the land.

3.

The learned counsel appearing for the petitioner states that though the patta stands jointly in the name of the petitioner and the 3rd respondent, the extent of the land owned by the petitioner in Survey No. 367/lB1, 367/lCl totally 1.52 1⁄2 cents been demarcated as property of the petitioner by the Head Surveyor. To protect the property, the petitioner intend to fence it, for which, police protection is required.

4.

The learned Government Advocate (Crl.Side) appearing for the respondent police states that the petitioner had sent a representation through post on 19.06.2023. If any representation for protection emanates from revenue department for demarcation and survey, the same will be provided. 5.

From the documents relied, it is not clear whether the portion of the 2/4

property owned by the petitioner already been demarcated by the revenue authority. If such demarcation not already made, the petitioner cannot seek police protection.

6.

With this observation, this Writ Petition is disposed of with direction to the petitioner herein to first demarcate the property by metes and bounds and thereafter, with the assistance of Surveyor and then seek for police protection. If any such application is received, the police shall cause notice to the 3rd respondent and then if provide protection if necessary. No costs. 18.10.2024 rpl To, 1.The Superintendent of Police, O/o.the Superintendent of Police, Salem District.

2.The Inspector of Police, Ethappur Police Station, Ethappur Salem District.

3.The Public Prosecutor, High Court of Madras, Chennai 3/4

Dr.G.JAYACHANDRAN, J.

rpl 18.10.2024 4/4