Madras High CourtWP Crl.(MD)/1254/2026disposed of

M.Gandhi Selwyn v. The State Of Tamilnadu

2026-02-27Honourable Mrs Justice S.Srimathy3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27-02-2026

CORAM

THE HONOURABLE MRS JUSTICE S.SRIMATHY WP Crl.(MD) NO. 1254 of 2026 M.Gandhi Selwyn Petitioner(s) Vs 1.The State of Tamilnadu Rep by Inspector of Police Pavoorchathiram Police Station Tenkasi District 2.The Tahsildar, Pavoorchathiram, Tenkasi District.

Respondent(s) (R2 is suo motu impleaded, vide this order, dated 27.02.2026, made in WP Crl.(MD) NO. 1254 of 2026) For Petitioner(s): Mr.K.Viswanath For Respondent(s): Mr.A.S.Abul Kalaam Azad, Government Advocate (Crl.side) for R1 Mr.M.Muthu Manikkam, Government Advocate (Crl.side) for R2 Prayer:

Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, to direct the Inspector of Police, Pavoorchathiram, to act upon the representation and provide police protection for the purpose of fencing property at Ayanpunjai Survey No.727, Kulasekarapatti Village, Tirunelveli District, at an appropriate date and time as may be fixed by this Court.

ORDER

The present Writ Petition has been filed for the issuance of a Writ of Mandamus, to direct the Inspector of Police, Pavoorchathiram, to act upon the representation and provide police protection for the purpose of fencing property at Ayanpunjai Survey No.727, Kulasekarapatti Village, Tirunelveli District, at an appropriate date and time as may be fixed by this Court.

2.This Court is suo motu impleading "The Tahsildar, Pavoorchathiram, Tenkasi District" as 2nd respondent. The Registry is directed to carry out necessary amendments wherever necessary.

3.According to the petitioner, the rival claimant Stella Chandrika had filed O.S.No. 522 of 2014 on the file of Additional District Munsif Court, Tenkasi and the said suit was dismissed on 22/12/2021. In the said suit, the defendant is Kovilpichai. The petitioner is the power of attorney of the said Kovilpichai. The petitioner is claiming through the power of attorney. According to the petitioner, a fence was existing, but the some rival claimants had removed the fence. Now, the petitioner wants to fence it again.

4.Therefore, the 2nd respondent is directed to issue notice to the petitioner and the rival claimants, conduct enquiry and thereafter, pass orders. If the order is passed for fencing the property, thereafter, the petitioner shall seek police protection. If the order

is passed declining to fence the property, the petitioner and the rival claimants shall approach the competent Civil Court to adjudicate the issue. 5.With the above observations, this Writ Petition is disposed of. There shall be no order as to costs.

27-02-2026 Tmg To 1.Inspector of Police Pavoorchathiram Police Station Tenkasi District 2.The Tahsildar, Pavoorchathiram, Tenkasi District.