Nageswari v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.04.2025 CORAM :

THE HON'BLE MR.JUSTICE P.DHANABAL Nageswari ... Petitioner Vs

1. The Superintendent of Police, Madurai Dsitrict, Madurai.

2. The Inspector of Police, Sholavandan Police Station, Madurai District.

3. Kaliyappan

4. Pitchaiammal

5. Chandraprakash ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus directing Respondents 1 and 2 adequate police protection for construction of compound wall in survey no.455/1A, 656/1, 656/2A and 454 situated at Sholavandan Village, Vadipatti Taluk, Madurai District based on the petitioner's representation dated 17.03.2025. 1/5

For Petitioner : Mr.S.Muniyandi For Respondents : Mr.R.M.Anbunithi (R1,R2) Additional Public Prosecutor

O R D E R

This Writ Petition has been filed to direct the Respondents 1 and 2 adequate police protection for construction of compound wall in survey no.455/1A, 656/1, 656/2A and 454 situated at Sholavandan Village, Vadipatti Taluk, Madurai District based on the petitioner's representation dated 17.03.2025.

2.According to the petitioner, she is the owner of the said property and she tried to construct a compound wall in the property. Already the petitioner has filed a suit in OS No.43 of 2020 before the District Munsif Court, Vadipatti and the same was decreed in favor of the petitioner. Even after that the respondents 3 to 5 are causing obstruction from constructing the compound wall. Therefore, she has sent a representation to the second respondent on 17.03.2025 and the same has not been considered. Hence, this petition.

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3.The learned Additional Public Prosecutor would submit that the petitioner sent a representation on 17.03.2025 and the same is under consideration. If the petitioner produce the necessary documents they will consider the same in accordance with law. 4.Considering the prayer sought for by the petitioner, this court is inclined to pass orders without issuing notice to the respondents 3 to 5.

5.According to the petitioner, she is the owner of the property and she tried to construct a compound wall. However, the respondents 3 to 5 restrained the petitioner from doing construction. Therefore, she sent a representation to the second respondent and the second respondent has also admitted the receipt of the representation of the petitioner and the same is under consideration. Therefore, it is for the second respondent to consider the same and act in accordance with law. 6.In view of the above, this Court hereby direct the second respondent to conduct enquiry and pass appropriate orders after affording opportunity to both parties within a period of 15 days from the 3/5

date of this order.

7.With the above observations and direction, this Writ Petition is disposed of.

09.04.2025 Internet :Yes Index :Yes/No NCC :Yes/No PNM To

1. The Superintendent of Police, Madurai Dsitrict, Madurai.

2. The Inspector of Police, Sholavandan Police Station, Madurai District.

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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P.DHANABAL , J.

PNM ORDER IN 09.04.2025 5/5