Karuppaiah v. The Superintendent Of Police,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 03.12.2025

CORAM:

THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI Karuppaiah ... Petitioner Vs.

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

2.The Deputy Superintendent of Police, Vedasandur, Dindigul District.

3.The Inspector of Police, Vedasandur Police Station, Vedasandur, Dindigul District.

4.Subramani 5.Murugesan ... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the 1st to 3rd respondents herein to take action against the 4th and 5th respondents for threatening the petitioner and unlawfully restricted him to use the common well and common pathway which is situated in Survey Nos.18/2B and 19/2 at Kollpatti Village, 1/6

Vedasandur Taluk, Dindigul District, based on the petitioner's complaint dated 08.09.2025.

For Petitioner : Mr.G.Gomathisankar, Advocate For R1 to R3 : Mr.S.S.Manoj, Government Advocate (Criminal Side)

ORDER

This Writ Petition has been filed to direct the 1st to 3rd respondents herein to take action against the 4th and 5th respondents for threatening the petitioner and unlawfully restricting him from using the common well and common pathway situated in Survey Nos.18/2B and 19/2 at Kollpatti Village, Vedasandur Taluk, Dindigul District, based on the petitioner's complaint dated 08.09.2025.

2. This writ petition is disposed of at the admission stage, after dispensing with the notice on the private respondents.

3. It is the case of the petitioner that the properties mentioned in the petition originally belonged to the petitioner's father, and the patta and other revenue documents stood in his favor. After his demise, the petitioner and his brother, under the registered partition deed dated 31.08.2005, have been in possession and enjoyment of the properties separately and without any dispute. 2/6

4. The common well is situated in Survey No.18/2B, and the common pathway is situated in Survey No.19/2. The common well has been used by the petitioner, the 4th respondent, and others for the purpose of irrigation, and the common pathway has been used by the petitioner, the 4th and 5th respondents to access their cultivating lands for more than 75 years without any dispute.

5. However, the 4th and 5th respondents, without any exclusive right over the same, have criminally intimidated the petitioner, preventing him from using the common well and the common pathway. With regard to the said incident, the petitioner made a complaint before the 1st to 3rd respondents seeking action against the 4th and 5th respondents; however, the same has not been considered. Hence, the present petition.

6. Mr.S.S.Manoj, learned Government Advocate (Criminal Side), submitted that the issue pertains to a civil dispute and that the petitioner appeared for the enquiry on 08.12.2025. He further submitted that, if the petitioner cooperates with the police authorities, the enquiry will be duly concluded.

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7. Heard the learned counsel on either side, and perused the materials available on record.

8. In view of the above, this Court hereby directs the 1st to 3rd respondents to consider the petitioner's complaint dated 08.09.2025 and deal with in accordance with law and conclude the enquiry within a period of two

(2) weeks from the date of receipt of a copy of this order. The petitioner is also directed to co-operate with the enquiry to be conducted.

9. With the above directions, this Writ Petition is disposed of. 03.12.2025 NCC : Yes / No Index : Yes / No Internet : Yes mkn 4/6

To 1.The Superintendent of Police, Dindigul District, Dindigul.

2.The Deputy Superintendent of Police, Vedasandur, Dindigul District.

3.The Inspector of Police, Vedasandur Police Station, Vedasandur, Dindigul District.

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

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L.VICTORIA GOWRI, J.

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