Malarthangam v. The Superintendent Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 25.03.2026
CORAM
THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI WP.Crl.(MD).No.1602 of 2026 Malarthangam ....Petitioner Vs.
1. The Superintendent of Police, Madurai District.
2. The Deputy Superintendent of Police, Samayanallur Sub Division, Madurai District.
3. The Inspector of Police Samayanallur Police Station Madurai District.
4. Balakrishnan @ Ramasubramani
5. Thavudan @ Shanmuganathan
6. The Manager, Sivagangai Samastanam Devasthanam, Sivagangai.
.....Respondents (6th respondent is suo-motu impleaded vide Court order dated 25.03.2026 made in W.P.Crl.(MD)No.1602 of 2026) Prayer : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the 1/6
respondent no. 1 to 3 herein to provide adequate police protection for putting fence in the land comprised in Sur. No. 131/3 admeasures to an extent of 2 acres and 48 cent situated at Samayanallur Village, Madurai South Taluk, Madurai District, on the basis of the representations dated 26.05.2025, 06.03.2026 and 12.03.2026. For Petitioner : Mr.C.Senthil Murugan For R-1 to R-3 : Mr.M.Sakthi Kumar Government Advocate(Crl.Side)
ORDER
Seeking to direct the respondent no. 1 to 3 herein to provide adequate police protection for putting fence in the land comprised in Sur. No. 131/3 admeasures to an extent of 2 acres and 48 cents situated at Samayanallur Village, Madurai South Taluk, Madurai District, on the basis of the representations dated 26.05.2025, 06.03.2026 and 12.03.2026, this writ petition is filed.
2. The learned counsel for the petitioner submitted that the petitioner is the leaseholder of the property comprised in Sur. No. 131/3 admeasures to an extent of 2 acres and 48 cents situated at 2/6
Samayanallur Village, Madurai South Taluk, Madurai District and the property belongs to Silvagangai Samastanam Devasthanam, Arulmigu Meenakshi Sundaraeswarar Temple, Annabisega Kattalai, Sivagangai, Madurai region. The petitioner was given lease by proceedings dated 16.05.2008. However, the 4th and 5th respondents are unnecessarily hindering the peaceful enjoyment of the same, and hence, the petitioner had intended to put up a fence around the same for his peaceful enjoyment. In this regard, several representations were given. Since the same was not considered, the present writ petition is filed.
3. The learned Government Advocate (Crl. side) submitted that the property belongs to the 6th respondent Devasthanam, and hence a question of fencing the property belonging to the said Samastanam cannot be decided without putting them on notice.
4. The Manager, Sivagangai Samastanam Devasthanam, Sivagangai, is suo-motu impleaded as 6th respondent. Registry is directed to carry out the necessary amendments in the cause title. 3/6
5. Heard the learned counsels on either side and carefully produced the materials available on record.
6. In this regard, the petitioner is directed to make a representation to the 6th respondent seeking permission to put up fencing around the property. The 6th respondent is directed to consider the same within a period of two (2) weeks from the date of representation made by the petitioner. On obtaining necessary permission from the 6th respondent, the 3rd respondent is directed to put the petitioner as well as the 4th and 5th respondents on notice under Section 64 BNSS and conclude the inquiry within a period of 4 weeks therefrom.
7. With the above directions, this writ petition is disposed of. 25.03.2026 NCC : Yes / No Index : Yes / No Internet : Yes/ No Sml 4/6
To
1. The Superintendent of Police Madurai District.
2. The Deputy Superintendent of Police Samayanallur Sub Division Madurai District.
3. The Inspector of Police Samayanallur Police Station Madurai District.
4. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
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L.VICTORIA GOWRI, J.
Sml WP.Crl.(MD)No.1602 of 2026 25.03.2026 6/6