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2025 Supreme(Online)(Mad) 45109
IN THE HIGH COURT OF JUDICATURE AT MADRAS
B. Pugalendhi, J
Regina – Appellant
Versus
The District Collector – Respondent
W.P.(MD)No.18295 of 2024
For the Appellants/Petitioners: Mr.A. Prabhu Selva Kumar
For the Respondents: Mr.E.Antony Sahaya Prabhakar Additional Public Prosecutor
The police have no jurisdiction to resolve civil disputes involving property encroachment; remedies must be pursued in civil courts.
Headnote:According to Article 226 of the Constitution of India, this writ petition was filed seeking a Writ of Mandamus to provide police protection against an encroacher. The petitioner claimed unauthorized occupation of her land and asserted her legal purchase. The court found that the petitioner needed to pursue her remedies through civil court, leading to the dismissal of the writ petition. The relevant findings include the court’s stance that police could not resolve the civil dispute regarding property rights. The court framed issues on the jurisdiction of police interference in property disputes and reasoned that the appropriate platform for resolving such matters remained the civil court. The final outcome saw the dismissal of the petitioner's claims for police action.
| Table of Content |
|---|
| 1. seeking police intervention for eviction (Para 1) |
| 2. unauthorized occupation of property (Para 2) |
| 3. civil court jurisdiction in property disputes (Para 3) |
O R D E R
This writ petition has been filed seeking a direction to the respondents 1 to 3 to provide police protection and evict the fourth respondent and her agents from the property comprising resurvey No.
1328/2 of Kalakad village, Tirunelveli District.
2.The petitioner with a grievance that the fourth respondent is unauthorizedly occupying her premises in RS.NO.1328/2 at Kalakkad Village, Nanguneri Taluk, Tirunelveli District, has lodged a complaint before the respondent police seeking police protection to evict the fourth respondent. The petitioner claims that that she is the bonafide purchaser and she has purchased the land in Resurvey No.1348/2 vide document No.1896/2011. The petitioner's parents resided in that property. The petitioner's father died on 26.12.2012 and thereafter her mother died on
05.01.2017. The petitioner is residing at Mumbai. Taking advantage of that, the fourth respondent has trespassed into the property and using the property.
3.In order to vacate the fourth respondent from the premises, the petitioner has to work out her remedy only before the civil forum and the respondent police has nothing to do with the dispute between the petitioner and the fourth respondent.
4.Accordingly, the writ petition petition is dismissed.
02.07.2025 Internet :Yes Index :Yes/No NCC :Yes/No LR To
1. The District Collector, Tirunelveli District, Tirunelveli. 2. Thasildar, Nanguneri Taluk, Tirunelveli District.
3. The Inspector of Police, Kalakkad Police Station, Tirunelveli District.
B.PUGALENDHI , J .
LR
