Petitioner sought a writ directing police to protect fencing work on his Patta land amidst a civil dispute. The Court held police cannot intervene in civil disputes and dismissed the petition, advising Petitioner to approach the civil court.
Writ Petition dismissed; Petitioner at liberty to work out remedy in court of law.
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W.P.No.36440 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 02.12.2024
Coram:
THE HONOURABLE MR. JUSTICE P.VELMURUGAN
W.P.No.36440 of 2024
Periyasamy
... Petitioner
Vs.
... Respondents
Prayer : Writ Petition filed under Section 226 of Constitution of India to issue a Writ of Mandamus directing the 2nd respondent police to grant police protection for setting up the fencing around the petitioner property at Villupuram District, Vikkiravandi Taluk, Orathur Village, Naththam Survey No.52/19 measuring and extent of 5 cents.
For Petitioner : Mr.P.Arunkumar For Respondents 1 and 2 : Mr.S.Sugendran
Additional Public Prosecutor
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W.P.No.36440 of 2024
ORDER
This Writ Petition has been filed by the petitioner to direct the 2nd
respondent police to grant police protection for setting up the fencing around the petitioner's property situated at Villupuram District, Vikkiravandi Taluk,
Orathur Village, Naththam Survey No.52/19 measuring and extent of 5 cents.
Public Prosecutor appearing for the respondent police and perused the
materials available on record.
notice to the 3rd respondent is dispensed with.
petitioner's Patta land. It is made clear that, if the petitioner has got any grievance against the private respondent herein or if the petitioner is prevented
from any of his legal rights by any of the third party, he shall approach the civil
Court in the manner known to law. The Police cannot give protection to the 2/4
W.P.No.36440 of 2024
property of every individual especially when the dispute is civil in nature.
Therefore, this Court is not inclined to entertain this petition.
known to law.
02.12.2024
Index : Yes / No Speaking Order : Yes / No Neutral Citation Case : Yes/No ksa-2
To
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W.P.No.36440 of 2024 P.VELMURUGAN. J.
Ksa-2
W.P.No.36440 of 2024
02.12.2024
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3 issues framed by the court
Whether the police can be directed to grant protection for fencing civil property disputed with a third party.
Whether a civil dispute regarding property fencing falls within the scope of police protection under Article 226.
Whether the Writ Petition seeking police protection for private land fencing should be dismissed as it pertains to a civil nature.
PERIYASAMY
THE SUPERINTENDED OF POLICE VILLUPURAM DISTRICT
THE INSPECTOR OF POLICE VIKKIRAVANDI POLICE STATION
ARUMUGAM
P. VELMURUGAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
