K.Thiruvadi, v. The Superindent Of Police,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 24.10.2018

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH W.P.(MD)No.21750 of 2018 K.Thiruvadi ... Petitioner Vs.

1. The Superintendent of Police, Ramanathapuram District, Ramanathapuram

2. The Revenue Divisional Officer, Paramakudi,

3. The Tahsildar, Taluk Office, Kadaladi, Ramanathapuram District.

4. The Inspector of Police, Sayalkudi Police Station,

5. Sorimuthu ... Respondents PRAYER:- Petition filed under Article 226 of the Constitution of India seeking a Writ of Mandamus, directing the Respondents to give Police protection to the petitioner and others for enjoying the property described in old survey Number 279/9 to 279/29 equivalent to new survey number 1033/72, 1033/73 and 1033/76 of an extent of 72 cents situate at the Sevalpatti Village, S.Tharaikudi group, by considering the representation dated 23.09.2018 of the petitioner. For Petitioner : Mr.S.Siva Thilakar For Respondents : Mr.B.Bhagawathi 1 to 4 Government Advocate

ORDER

This writ petition has been filed seeking for Police protection to the petitioner.

2.The learned counsel appearing for the petitioner would submit that the subject property was assigned by the Revenue Department to

twenty persons and each person was alloted three cents of land. The petitioner has constructed a house and he is living there. The learned counsel appearing for the petitioner would further submit that the fifth respondent attempted to interfere with the possession and enjoyment of the said property and he had also filed a suit in O.S.No.65 of 2000, on the file of the learned District Munsif, Mudukulathur and the same was dismissed by the concerned Court and was later confirmed in Appeal in A.S.No.55 of 2010, on the file of the Sub Court, Paramakudi. In spite of the same, the fifth respondent is attempting to interfere with the possession of the said property and he is also causing threat to the life and limb of the petitioner.

The learned counsel would further submit that the petitioner has given a representation to the respondents on 23.09.2018 to grant Police protection in this regard. 3.The learned Government Advocate appearing for the respondents 1 to 4 would submit that the respondent Police have received the complaint given by the petitioner. The respondent Police will call the petitioner and also the fifth respondent for an enquiry and will decide with regard to the grant of protection to the petitioner based on the enquiry and also the documents produced by the concerned parties at the time of enquiry.

4.In view of the above, there shall be a direction to the fourth respondent to consider the representation dated 23.09.2018 given by the petitioner and call the parties for the enquiry and take appropriate action in accordance with law. This process must be completed by the fourth respondent within a period of two weeks from the date of receipt of copy of this order. 5.The Writ Petition is disposed of with the above directions. No costs.

Sd/- Assistant Registrar /True Copy/ Sub Assistant Registrar (CS-IV) To

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

2. The Revenue Divisional Officer, Paramakudi,

3. The Tahsildar, Taluk Office, Kadaladi,

4. The Inspector of Police, Sayalkudi Police Station, + 1 CC TO Mr.S.SIVA THILAKAR, ADVOCATE IN SR No. 91923 + 1 CC TO SPECIAL GOVERNMENT PLEADER IN SR No. 91792 TSG TE/PM/SAR-4 : 19/11/2018 : 3P/7C W.P.(MD)No.21750 of 2018 24.10.2018