M.Mohan Vs the District Superintendent of Police

Prayer : Writ Petition filed under Article 226 of the Constitution seeking Writ of Mandamus directing the respondents 1 to 2 herein to suitable protection to put up compound wall within the petitioner boundary in vacant plots bearing Nos.147 and 148 Bharathi Nagar-V, Chinnamma Pet village, Harichandrapuram Group, Tiruttani Taluk, Tiruvallur District ad measuring 1200 sq.ft patta bearing No.7533 in respect of survey No.21 1A1B and respect of survey No.22 of chinnamma pet villgae, Harichandrapuram group vide registered document No.92 of 2015 on the file of Sub Registrar office, Thiruvalangadu, Tiruttani Taluk and Tiruvallur District based on the fair order made in I.A.No.02 of 2024 in Os.No.38 of 2024 by the Honble DMC, Tiruttani within the time as stipulated by this Honble court

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For Petitioner(s): Mr.D.Babu Varadharajan

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For Respondent(s): Mr.R.Ganesh Kumar Counsel for Government For R1andr2

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ORDER

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This Writ Petition has been filed to direct the respondents 1 to 2 herein to provide suitable protection to put up compound wall within the petitioner boundary in vacant plots bearing Nos.147 and 148 Bharathi Nagar-V, Chinnamma Pet village, Harichandrapuram Group, Tiruttani Taluk, Tiruvallur District ad measuring 1200 sq.ft patta bearing No.7533 in respect of survey No.21 1A1B and respect of survey No.22 of chinnamma pet villgae, Harichandrapuram group vide registered document No.92 of 2015 on the file of Sub Registrar office, Thiruvalangadu, Tiruttani Taluk and Tiruvallur District based on the fair order made in I.A.No.02 of 2024 in Os.No.38 of 2024 by the Honble DMC, Tiruttani,

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It is seen that the petitioner purchased the subject property from his vendor by way of a registered sale deed, following which a dispute arose between the petitioner and the 3rd respondent regarding the said property. Consequently, the petitioner was constrained to file a suit in O.S. No. 38 of 2024 on the file of the learned District Munsif Court, Tiruttani,

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and obtained an interim injunction vide an order dated 01.04.2025. Although this interim order was challenged by the 3rd respondent by way of a Civil Miscellaneous Appeal, the same was dismissed, thereby confirming the trial court's order in C.M.A. No. 03 of 2024 dated 11.08.2024. Thereafter, in order to protect the property, the petitioner intended to construct a compound wall; however, due to resistance, the petitioner filed a complaint seeking adequate police protection to put up the compound wall over his property. However, the learned Government Counsel submitted that, so far, no such complaint has been received from the petitioner.

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3. In view of the above, the petitioner is directed to lodge a fresh complaint before the 2nd respondent seeking police protection. Upon receipt of the same, the 2nd respondent is directed to conduct an enquiry and pass appropriate orders to provide police protection, duly considering the order obtained from the Civil Court. This exercise shall be completed within a period of two weeks from the date of receipt of a copy of this order, after issuing notice to the 3rd respondent.

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