Case Note & Summary
The petitioner, M.Ramesh, filed a Writ Petition under Article 226 of the Constitution of India seeking a writ of Mandamus to direct the Superintendent of Police and Inspector of Police (respondents 1 and 2) to provide police protection for his agricultural land measuring about 0.22 cents (Punja land) comprised in Survey Nos.583/1A and 583/2 (583/2A) situated at Papparapatti Village, Pennagaram Taluk, Dharmapuri District. The third respondent, Gowrammal, was also impleaded. During hearing, the Additional Public Prosecutor submitted that both the petitioner and the third respondent claimed ownership over the property. Counter complaints were given by both parties, and an inquiry was conducted in C.S.R.Nos.1726 and 1688 of 2012. The inquiry was closed on 22.01.2012 on the finding that the dispute involved rival claims of a civil nature. The parties were directed to approach the appropriate civil forum for redressal of their grievances, and the CSRs were closed. Recording this submission, the High Court closed the writ petition without granting any relief, holding that the dispute is civil in nature and the parties must seek remedy before the civil court. No costs were awarded.
Headnote
A) Criminal Law - Police Protection - Civil Dispute - Writ of Mandamus - Petitioner sought police protection for agricultural land - Both petitioner and third respondent claimed ownership - Police inquiry closed as dispute was of civil nature - Held that police protection cannot be granted when title is disputed; parties must approach civil court (Paras 4-5).
Issue of Consideration
Whether police protection should be granted for agricultural land when there are rival claims of ownership between the petitioner and a private respondent.
Final Decision
Writ Petition closed. No order as to costs. Parties directed to approach civil court for redressal.
Law Points
- Police protection cannot be granted when dispute involves rival claims of civil nature
- parties directed to approach civil forum
