S.Sudhakar v. The District Collector

ORDER This writ petition has been filed seeking for a direction to the respondents to provide adequate police protection for the purpose of construction of a compound wall in the petitioner's land under patta No.3895, measuring about 38 cents, in S.No.322/2D2B situated in Unjampatti Village, Theni Taluk, Theni District, by considering the petitioner's representation dated

05.12.2025 and take immediate and appropriate action against the trespassers who unlawfully enters into petitioner's land.

¶2The learned counsel for the petitioner submitted that a proper survey had already been conducted in respect of the subject property and, thereafter, the petitioner had constructed a compound wall demarcating his land. According to the petitioner, the proposed accused unlawfully encroached upon his property and demolished the said compound wall. In this regard, the petitioner lodged a complaint before the respondent police, based on which an FIR in Crime No.391 of 2019 came to be registered by the 5th respondent police.

¶3The learned counsel further submitted that the proposed accused had earlier approached the Hon'ble Division Bench of this Court by filing W.P.(MD) No.21303 of 2019, claiming pathway rights over the petitioner's property and seeking removal of the alleged encroachment, while also contending that the petitioner himself had encroached upon a public pathway. The Hon'ble Division Bench, after recording that the encroachments had already been removed and that certain portions of the land were patta lands, disposed of the writ petition. Pursuant thereto, the petitioner submitted a representation to the respondent police seeking police protection for reconstructing the compound wall around his property.

¶4Heard the learned counsel on either sides and carefully perused the materials placed before this Court.

¶5Considering the fact that the subject property has already been surveyed and the petitioner's title over the patta land is not in dispute, the respondent police is directed to provide adequate police protection to enable the petitioner to construct a compound wall within the boundaries of his patta land. The petitioner shall remit the requisite charges for such police protection in terms of G.O.Ms.No.139, Home (Pol-VIII) Department, dated 04.03.2019.

¶6With the above direction, this writ petition stands disposed of.

23.06.2026 NCC : Yes / No Index : Yes / No Sm TO:-

¶1The District Collector, Theni District-625531.

¶2The Superintendent of Police, Theni District.

¶3The Revenue Divisional Officer, Periyakulam, Theni District

¶4The Tahsildar, Theni Taluk, Theni District

¶5The Inspector of Police, Allinagaram Police Station, Theni-625 531.

¶6The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

L.VICTORIA GOWRI, J. Sm Dated

23.06.2026

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 23.06.2026 CORAM: THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI S.Sudhakar ... Petitioner Vs. 1. The District Collector, Theni District-625531. 2. The Superintendent of Police, Theni District. 3. The Revenue Divisional Officer, Periyakulam, Theni District 4. The Tahsildar, Theni Taluk, Theni District 5. The Inspector of Police, Allinagaram Police Station, Theni- 625 531. ... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondents to provide adequate police protection for the purpose of construction a compound wall in petitioner's land under the patta No.3895, measuring about 38 cents, in S.No. 322/2D2B situated in Unjampatti Village, Theni Taluk, Theni District 625 531 by considering the petitioner's representation dated 05.12.2025 and take immediate and appropriate action against those trespassers who unlawfully enters into petitioner's land. For Petitioner : Mr.G.Anto Prince For Respondents : Mr.D.Rajaboopathy (R2 & R5) Government Advocate (Crl. Side) Ms.M.R.Priyanka Jothi (R1, R3 & R4) Government Advocate (Civil)