Muthalif v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 07.03.2025

CORAM

THE HONOURABLE MR.JUSTICE P.DHANABAL Muthalif ... Petitioner Vs.

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

2.The Inspector of Police, Thiruvonam Police Station, Thanjavur District.

3.T.Sivaraj 4.M.Prabakaran 5.M.Prabhu 6.Senthil ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, to direct the respondents 1 and 2 to provide adequate police protection at the time of putting up the boundary stones and fencing in the petitioner's property in 1/5

Survey No.436/2 to an extent of 1 Hectare 10.5 Ares situated at Pandipalanaikadu, Thiruvonam Taluk, Thanjavur District based on the petitioner's representation, dated 17.02.2025 and pass such further or other orders as this Court.

For Petitioner : Mr.Vikram for M/s.K.Malaimaran For R-1 & R-2 : Mr.R.M.Anbunithi Additional Public Prosecutor

ORDER

The present petition has been filed for issuance of Writ of Mandamus directing the respondents 1 and 2 to provide adequate police protection at the time of putting up the boundary stones and fencing in the petitioner's property in Survey No.436/2 to an extent of 1 Hectare 10.5 Ares situated at Pandipalanaikadu, Thiruvonam Taluk, Thanjavur District based on the petitioner's representation, dated 17.02.2025.

2. According to the petitioner, the petitioner is the owner of the property in S.No.436/2 to an extent of 1 hectare 10.5 ares at Pandipalanaikadu, Thiruvonam Taluk, Thanjavur District. While so, the respondents 3 to 6 had encroached upon the petitioner's land and also 2/5

they are making false claim over the property. Already the survey authorities have demarcated the land and they fixed the boundary stones. Now the petitioner want to erect the fence but the private respondents obstructed the petitioner from erecting the fence. Therefore, the petitioner approached the respondents 1 and 2 through representation, dated 17.02.2025 and the same has not been considered. Hence, the petitioner filed this petition.

3. The learned Additional Public Prosecutor appearing for the official respondents would submit that they received the representation and assigned CSR No.112 of 2025 and they will consider and dispose of the representation within one week.

4. Considering the limited scope of prayer sought for in this petition, this Court even without issuing notice to the private respondents inclined to dispose of this petition by directing the second respondent to consider the representation of the petitioner, dated 17.02.2025 in accordance with law and after affording opportunities to both the parties within a period of one (1) week from the date of this order. 3/5

5. With the above said observations and directions, this writ petition stands disposed of. There shall be no order as to costs. 07.03.2025 NCC : Yes / No Index : Yes / No Internet : Yes BTR To 1.The Superintendent of Police, Thanjavur District, Thanjavur.

2.The Inspector of Police, Thiruvonam Police Station, Thanjavur District.

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P.DHANABAL, J.

BTR 07.03.2025 5/5