M.Muthusamy v. The Superintendent of Police

ORDER This Writ Petition (Criminal) has been filed seeking a direction to the respondents 1 to 3 to provide adequate police protection to the petitioner for restoration of the wire fencing in respect of the petitioner's lands comprised in S.Nos. 558/1B1B and 1B2 (Old S.No.558), measuring an extent of 18 cents, situated at Sunjalnatham Village, Pennagaram Taluk, Dharmapuri District.

¶2The learned counsel appearing for the petitioner submitted that the petitioner is the owner of the lands comprised in S.Nos. 558/1B1B and 1B2 (Old S.No.558), measuring an extent of 18 cents, situated at Sunjalnatham Village, Pennagaram Taluk, Dharmapuri District, and that the petitioner is in possession and enjoyment of the same. According to the petitioner, certain errors had occurred during the UDR settlement in respect of the said property. Hence, the petitioner filed W.P.No.27183 of 2024 before this Court seeking survey and demarcation of the property. Pursuant to the orders passed therein, the property was surveyed and demarcated by the Revenue Authorities on 27.03.2026. It is further submitted that thereafter, one Saravanan, claiming rights over the adjoining property in Survey No.558/1B2, allegedly trespassed into the petitioner's property along with his henchman on 08.04.2026, damaged the fencing put up by the petitioner and destroyed CCTV cameras worth about Rs.3,00,000/-. Therefore, the petitioner lodged a complaint before the third respondent, which was registered in CSR No.127 of 2026. However, no effective action has been taken till date. Hence, the petitioner seeks appropriate action against the persons named in the complaint and also seeks police protection for re-erection of the fencing in order to safeguard his property. Hence, the present writ petition.

¶3Mr.R.Rajasekran, learned counsel for Government of Tamil Nadu (Criminal Side) takes notice for the respondents 1 to 3.

¶4Considering the facts and circumstances of the case, the third respondent is directed to consider the representation submitted by the petitioner dated 18.05.2026 and pass appropriate orders on merits and in accordance with law, within a period of two weeks from the date of receipt of a copy of this order.

¶5With the above direction, this Writ Petition (Criminal) stands disposed of. Consequently, connected miscellaneous petition is closed. No costs. 27-05-2026 Index: Yes/No Speaking/Non-speaking order LPP/RPL To

¶1The Superintendent of Police, Dharmapuri District, Dharmapuri-5.

¶2The Deputy Superintendent of Police, Pennagaram Police Sub-Division, Pennagaram-636 810, Dharmapuri District.

3.The Inspector of Police Eriyur Police Station, Eriyur, Pennagaram Taluk, Dharmapuri District.

4.The Public Prosecutor, High Court, Madras. MOHAMMEDoSHAFFIQoJ. LPP/RPL WPoCrl.oNo.o1229oofo2026 and WPMPoCRLoNo.o409oofo2026 Pageoo7oofoo8 27-05-2026

W.P. Crl. No.1229 of 2026 and WPMP Crl No.409 of 2026 MOHAMMED SHAFFIQ, J. Today, the case is listed under the caption ''for being mentioned'' at the instance of the learned counsel for the petitioner. 2. It is submitted by the learned counsel for petitioner that Writ Petition (Crl.) No.1229 of 2026 was disposed of vide order dated 27.05.2026. Learned Counsel requests that the last word of the first line in paragraph No.4 of the said order be corrected to read as 'first respondent' instead of 'third respondent' and also a specific direction be incorporated into the same paragraph. 3. The learned counsel for respondents submitted that he has no objection to the above submission of the learned counsel for petitioner. 4. Heard both sides. 5. In view of the said submission made by the learned counsel for petitioner, 4th paragraph of the order in W.P. Crl No.1229 of 2026 dated 27.05.2026, is substituted with the following paragraph: " 4. Considering the facts and circumstances of the case, the first respondent is directed to consider the representation submitted by the petitioner dated 18.05.2026 and pass appropriate orders on merits and in accordance with law, within a period of two weeks from the date of receipt of a copy of this order. It is open to the petitioner to place reliance upon the order of this Court in Crl OP No.11933 of 2017 dated 23.06.2017. If any such reliance is made, the same would also be considered and dealt with in accordance with law." 6. Except the above modification, all other paragraphs made in the earlier order dated 27.05.2026 shall remain intact. Registry is directed to carry out necessary corrections and issue the corrected order copy to the parties forthwith. 03.06.2026 jv Note: Issue Order copy on 05.06.2026 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 27-05-2026 CORAM THE HON'BLE MR.JUSTICE MOHAMMED SHAFFIQ WP Crl. No. 1229 of 2026 and WPMP CRL No. 409 of 2026 M.Muthusamy S/o. Late Mallamuthu Gounder, No.2/493, Nagamarai Main Road, Eriyur Village, Sunjalnatham Post, Pennagaram Taluk, Dharamapuri District. ..Petitioner Vs 1. The Superintendent of Police, Dharmapuri District, Dharmapuri-5. 2. The Deputy Superintendent of Police, Pennagaram Police Sub-Division, Pennagaram-636 810, Dharmapuri District. 3. The Inspector of Police Eriyur Police Station, Eriyur, Pennagaram Taluk, Dharmapuri District. 4. Saravanan S/o. Mr. Anumantha Reddy, Sigaralahalli Village, Sunjalnatham-636 810, Pennagaram Taluk, Dharmapuri District. 5. Govindaraj S/o. Mr. Dasan, Eriyur Village, Sunjalnatham-636 810, Pennagarm Taluk, Dharamapuri District. ..Respondents Prayer : Writ Petition (Criminal) filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the Respondents 1 to 3 to provide police protection for restoring the wire fence, which has been erected on 27-03-2026 in Petitioner's lands comprised in S.Nos. 558/1B1B and 1B2 (Old S.No.558), to an extent of 18 Cents, situated at Sunjalnatham Village, Pennagaram Taluk, Dharmapuri District. For Petitioner: Mr.M.R.Jothimanian For Respondents: Mr.R.Rajasekaran Counsel for Government of Tamil Nadu (Criminal Side)