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Madras High CourtWP/31811/2023disposed of

B.Saroja v. The Commissioner Of Police

2023-11-07Honourable Dr Justice G. Jayachandran5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.11.2023

CORAM

THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN and WMP.No.31432 of 2023

1. B.Saroja

2. G.Dhanalakshmi

3. S.G.Latha ... Petitioners Vs.

1. The Commissioner of Police, Avadi, Chennai-600 054.

2. The Inspector of Police, Mangadu Police Station, Mangadu, Chennai-600 056.

3. Satheeswaran

4. G.Thirumoorthy ... Respondents PRAYER : Writ Petition filed under Article 226 of Constitution of India for the issuance of Writ of Mandamus, directing the respondents 1 and 2 to provide necessary police protection to the petitioners property situated at No.252/2B and 251/1A as per sale deed dated 31.05.2006 and Survey No.252/2B2 as per patta No.3050 situated at 59, Kovur Village, Kundrathur Taluk, Kancheepuram District measuring to an extent of 5.51 1/5

cents and property comprised in Survey No.252/2B and 251/1 as per sale dated 31.05.2006 and Survey No.251/1B and 252/2B3 as per patta No.3048 situated at No.59, Kovur Village, Kundrathur Taluk, Kancheepuram District measuring to an extent of 5.51 cents together extent of 11.2 cents, by considering the petitioner's representation dated 18.09.2023 addressed to them.

For Petitioners : Mrs.V.Jayalakshmi For Respondents : Mr.S.Udaya Kumar, Government Advocate (Crl.Side) for R1 and R2

ORDER

The petitioners herein claiming to be the owner of the land in Survey No. 251/1B, 252/2B2 and 252/2B3 measuring two grounds in Kovur Village, Kundrathur Taluk, Kancheepurram District had found that the land has been encroached by one Thirumoorthi and running a TASMAC Bar. Therefore, complaint been given to the police regarding the encroachment and the same been forwarded to the Thasildhar, Kundrathur for enquiry and report. Accordingly, on 19.05.2022, the Thasildhar, Kundrathur had submitted his report that as per the revenue records Survey No.252/2B3 and 252/2B2 belong to Latha, Saroja and Dhanalakshmi.

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2. In the said disputed land, one Thirumoorthi has encroached and running TASMAC Bar. Now the petitioners seek police protection to fence their lands, based on the representation dated 18.09.2023 addressed to the second respondent herein.

3. In the writ petition, the petitioners claim right and title over Survey Nos.252/2B, 251/1, 251/1B and 252/2B3, total measurement to an extent of 11.2 cents, whereas the Thasildhar's report indicates that the encroachment is only in respect of Survey Nos.252/2B2 and 252/2B3. Therefore, the requests for police protection to fence 11.2 cents as prayed in the petition cannot be granted. If the petitioners make appropriate request to the Thasildhar and Surveyor, for measuring their land and fix the four boundaries, in such event, to fence the land, the police aid may be sought by the Surveyor. As far this petition is concerned, this Court finds the prayer sought cannot be granted.

4. Accordingly, with the observations made above, this Writ Petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed.

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To

1. The Commissioner of Police, Avadi, Chennai-600 054.

2. The Inspector of Police, Mangadu Police Station, Mangadu, Chennai-600 056.

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Dr.G.JAYACHANDRAN,J.

Vv and WMP.No.31432 of 2023 07.11.2023 5/5