IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 24.06.2024 CORAM THE HON'BLE Dr.JUSTICE G.JAYACHANDRAN W.P.No.13501 of 2024 Deivanai ... Petitioner Vs.

1.The District Collector, O/o. District Collector, Erode-638 011

2.The Revenue Divisional Officer, O/o.Revenue Divisional Office, Gobichettipalayam-638 452

3.The Superintendent of Police, Erode District, Erode.

4.The Thahsildar, O/o.Thasildar, Gobichettipalayam-638 452

5.The Inspector of Police, Gobichettipalayam Police Station, Erode District-638 452

6.Shanmugam

7.Murthy ... Respondents Prayer:- Writ petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the 4^th and 5^th respondents to give adequate police protection to the petitioner for removal of gravel dumped by the 6^th and 7^th respondents on the basis of the petitioner's complaint dated 30.03.2024 and 16.04.2024 submitted before the 5^th respondent.

For Petitioner : Mr.M.Gnanasekar For R1 to R5 : Mr.S.Udaya Kumar Government Advocate (Crl.Side)

For R6 & R7 : No appearance

ORDER

The petitioner herein being aggrieved by the inaction of the 4^th and

5^th respondents who failed to give adequate protection to his property is before this Court seeking direction to give protection for removal of gravel dumped by the 6^th and 7^th respondent in his land.

2. The learned Government Advocate (Crl.Side) appearing for the respondent police states that there is a dispute between the brothers. Revenue Divisional Officer has conducted enquiry and found that though the patta is in favour of the petitioner, the 7^th respondent has dumped the gravel in the land of the petitioner creating disturbance to his title and enjoyment, hence the matter has to be decided before the civil Court.

3. The opinion given by the RDO appears to be an improper order, contrary to the settled principle of law. The dumping of gravel in the other man's property will not confer any possessory right. Therefore, the petition seeking police protection is granted. If any written representation made by the petitioner to the respondent police for protection to remove the gravel, same may be provided. The petitioner shall remove the gravel dumped in his property and nothing more and permitted to transport elsewhere, but should not dump in the public place or unauthorized place.

4. Accordingly, this Writ Petition is disposed of. No costs.

24.06.2024 rpl Index: Yes/No Speaking Order/Non Speaking Order Neutral Citation : Yes/No Dr.G.JAYACHANDRAN, J.

rpl To

1.The District Collector, O/o. District Collector, Erode-638 011

2.The Revenue Divisional Officer, O/o. Revenue Divisional Office, Gobichettipalayam-638 452

3.The Superintendent of Police, Erode District, Erode.

4.The Thahsildar, O/o.Thasildar, Gobichettipalayam-638 452

5.The Inspector of Police, Gobichettipalayam Police Station, Erode District-638 452

6.The Public Prosecutor, High Court of Madras, Chennai W.P.No.13501 of 2024

24.06.2024