N.Krishnan v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 01.07.2025

CORAM:

THE HONOURABLE MR.JUSTICE B.PUGALENDHI W.P.Crl.(MD)No.359 of 2025 N.Krishnan ... Petitioner Vs 1.The Superintendent of Police, Ramanathapuram, Ramanathapuram District.

2.The Inspector of Police, Town Police Station, Rameshwaram, Ramanathapuram District.

3.Jeyaraj

...Respondents

PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the second respondent to give police protection of the fencing the four boundaries of property in Survey No.85/3B, Ramanathapuram District, Rameshwaram Taluk, Rameshwaram Revenue Village, Olakuda Village, based on the petitioner's representation, dated 03.06.2025, within the time stipulated by this Court. 1/5

For Petitioner : Mr.H.Velavadhas For R1& R2 : Mr.E.Antony Sahaya Prabahar Additional Public Prosecutor For R3 : Mr.Bhagavath Singh

O R D E R

The petitioner claims that he is the owner of a property in S.No.85/3B to an extent of 31 cents. When he attempted to put up fencing in his property, the third respondent is preventing this petitioner from fencing. Therefore he has filed this writ petition, seeking police protection.

2.Mr.Bhagavath Singh, learned counsel has entered appearance for the third respondent and seeks time to file a counter affidavit.

3.Mr.E.Antony Sahaya Prabahar, learned Additional Public Prosecutor, who takes notice for the respondents 1 & 2 submits that the complaint of this petitioner has been treated as a petition enquiry in CSR No.130 o 2025. The petitioner claims that 2/5

he is the owner of the subject property and the revenue records stood in his name. However, the third respondent without any reasons is preventing this petitioner from putting up fencing. 4.Since it is reported by the learned Additional Public Prosecutor that the enquiry is in progress in CSR No.130 of 2025, on the complaint of this petitioner and the third respondent is unnecessarily disturbing the petitioner for putting up fencing in his land, this writ petition is disposed of with the following directions:- i. The respondent police shall proceed with the enquiry, by calling upon the third respondent and ascertain under what pretext he is preventing the petitioner from fencing his property. If it is found that the third respondent is preventing the petitioner unnecessarily without any valid reasons, the respondent police is directed to provide police protection to this petitioner for fencing his property.

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ii. In the event if the third respondent is having any valid objections, he shall file necessary application before the competent Court.

iii. The third respondent without any valid reasons is not supposed to interfere the petitioner from fencing his property. There shall be no order as to costs.

01.07.2025 Index:Yes Internet:Yes vrn To 1.The Superintendent of Police, Ramanathapuram, Ramanathapuram District.

2.The Inspector of Police, Town Police Station, Rameshwaram, Ramanathapuram District.

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B.PUGALENDHI, J.

vrn Order made in W.P.Crl.(MD)No.359 of 2025 01.07.2025 5/5