IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Special Original Jurisdiction )

W.P.NO. OF 2024
T. Benjamin
S/o. Thaniklas Nadar
Annavasal Kanur
Needamanglam Post
Tiruvarur District … Petitioner
-Vs-
1. The Superintendent of Police
Office of the Superintendent of Police
Thiruvarur District .

2. The Inspector of Police

Mannargudi Police Station
Thiruvarur District. … Respondents

AFFIDAVIT OF THE PETITIONER

I, T. Benjamin, S/o. Thaniklas Nadar, ( Senior Citizen) , aged about

73 years, residing at Annavasal Kanur Village, Needamanglam Post,
Tiruvarur District, now temporally residing at No.14/227, North
Street, Kannankulam & Post, Radhapuram Taluka, Tirunelveli
District – 627127, do hereby solemnly affirm and sincerely state as
follows :
1. I am the Petitioner herein and as such I am well acquainted with
the facts and circumstances of the case.

2. I humbly submit that the instant Writ Petition is filed seeking for
Writ of Mandamus directing the respondents to provide police
force for protection to the Hon’ble Court Order property, which is
situated in Survey No.190, a total extent of 46 cents in Kannur
Annavasal Village, Needamangalam Taluka, Tiruvarur District.
O.S.No.23/2016 in E.P.No.2/2018 in EA.No.12/2022 a final
execution appeal order passed by the Hon’ble District Munsiff cum
Judicial Magistrate Court, Needamangalam , on 09.01.2023
obtained from encroachers, as I have to put up a four-sided barbed
wire fence to property protect my property, so that the encroachers
do not cause any nuisance with the time stipulated by this Hon’ble
Court based on the Petitioner’s representations dated 21.11.2923
and 07.11.2023 and for other reliefs.

3. I humbly submit that I am a senior citizen of 73 years. Due to my

ill health, I am currently temporarily staying in my wife’s
hometown to receive medical assistance. My nanjai land is 46
Cents, survey No 190 at Kannur Annavasal Village,
Needamangalam Taluka, Tiruvarur District. The said property has
been patta in the name of my father Mr.Thaniklas Nadar, since the
time of my grandfather Mr.Gnana Sundara Nadar and in my
possession has been a patta property since my father’s time.

4. I humbly submit that the said property was encroached by

encroachers during my absence . In this regard the Original Suit
O.S.No.23/2016 was filed by me before the District Munsiff
Court, Needamangalam, Tiruvarur District . Finally, the said suit
Decree and judgment order was obtained in my favour on
24.10.2016. Thereafter, I filed an E.P.No.2/2018 in
O.S.No.23/2016 to execute the Hon’ble Court Order. Appeal
 E.A.No.12/2922 was filed by the respondents against
E.P.No.2/2018 and the Hon’ble Court dismissed the Execution
Appeal and passed the final order on 09.01.2023. Accordingly, my
said property was assigned to me by the Court and handed over to
me.

5. I humbly submit that After the formal acquisition of my property

by the Court, barbed wire fencing is necessary to protect the
property for future welfare on all four sides of my property so that
encroachers do not encroach again.

6. I humbly submit that on 07.11.2023 I sent a copy of the same

petition along with Hon’ble Court Orders to the second respondent
of the Inspector of Police , Mananar gudi Police Station, Tiruvarur
District by registered post, so that due to my old age, the
respondents in the said suit erecting a barded fence on my
property, do not cause any nuisance or disturbance. The second
respondent of Inspector of police has not come up for defense
considering my petition copy as well as the attached Court Order.

7. I humbly submit that thereafter, a petition will be sent by registered

post to the District Superintendent of Police, Tiruvarur District on
21.11.2923. I asked them to go directly and got any result for my
petition. As mentioned, my property does not have a barbed wire
fence on all four side boundaries, so there is a fear that encroachers
will trespass into my property again.

8. I humbly submit that therefore I have exhausted all the remedies

available under the law to redress the grievances and at last I
cannot find any alternative, speedy and efficacious remedy except
approaching this hon’ble Court by way of filing this writ petition
invoking the extra-ordinary jurisdiction of this Hon’ble court
under Article 226 of the Constitutional of India to redress the
grievances.
 GROUNDS

i. A Court order, specifically a petition to provide police for

security while erecting barbed wire fences on the property
recovered through the execution petition was not considered the
respondents against natural justice.

ii. The petitioner who is a 73 years age . He is constantly coming

under doctor’s advice due to his unwell condition and
therefore there is a general need to fix the police boundary
property so that his enemies do not trouble again.

iii. While the property has been recovered by Hon’ble Court

Order, If it is the duty of the petitioner to protect the four sides
of the property with barbed wire, his right is not vested.

iv. The Petitioner reserves his right to raise additional grounds if

any at the time of arguments.

v. As a petitioner, as a senior citizen, his main duty is to properly

protect the property acquired by the Court and give it to his
heirs with security.

vi. While the four boundaries of the property are fenced off, the
main duty of the police department is to provide security to
ensure that here is no disturbance.

vii. The property recovered from the encroachers through the

Court will be fully protected only when border fence is
erected on all four sides. The main duty of police is to provide
security to protect again from anti – social elements. If this
petition is not allowed , I will be put to irreparable loss and
hardship.
 Therefore it is prayed that this Hon’ble Court may be
pleased to issue an order or direction more particularly in the
nature of WRIT OF MANDAMUS directing the Respondents
to provide Police force for protection to put up a four-sided
barbed wire fence to Court ordered property . Which is situated
in Survey No.190, a total extent of 46 cents at Kannur
Annavasal Village, Needamangalam Taluka, Tiruvarur District
so that the encroachers do not cause any nuisance / other anti-
social elements. The said Court order property O.S.No.23/2016
in E.P.No.2/2018 in EA.No.12/2022 a final execution appeal
order passed by the Hon’ble District Munsiff cum Judicial
Magistrate Court, Needamangalam , Tiruvarur District, on
09.01.2023, with the time stipulated by this Hon’ble Court based
on the Petitioner’s representations dated 21.11.2923 and
07.11.2023 and for other reliefs and pass such father or other
orders as this Hon’ble Court may deem fit and proper in the
above facts and circumstances and thus render justice.

Solemnly affirmed the contents

At Chennai, on this 1st February ,

2024 and signed his name in my Before me

presence after the contents were

read over and explained to

the deponent in Tamil.

ADVOCAT :CHENNAI
 MEMORANDUM OF WRIT PETITION
( Under Article 226 0f the Constitution of India )
IN THE HIGH COURT OF JUDICATURE AT MADRAS
( Special Original Jurisdiction )
W.P.NO. OF 2024
T. Benjamin
S/o. Thaniklas Nadar
Annavasal Kanur
Needamanglam Post
Tiruvarur District … Petitioner
-Vs-
1. The Superintendent of Police
Office of the Superintendent of Police
Thiruvarur District .

2. The Inspector of Police

Mannargudi Police Station
Thiruvarur District. … Respondents
WRIT PETITION
The address of the Petitioner for the service of all notices and processes
of this Hon’ble Court is the same as stated above and also that of his
Counsel S.PAVESH KANNAN, V.S.R.IYYAPPEN AND
M.PANNEER, M/s. Chandraguta Mourya Law Empire, No.315,
Addl.Law Chambers, Madras High Court, Chennai – 600104.
The address for services of all notice and process on the
respondents are same as stated above.
 For the reasons stated in the accompanying affidavit it is
prayed that this Hon’ble Court may be pleased to issue an order
or direction more particularly in the nature of WRIT OF
MANDAMUS directing the respondents to provide Police for
protection to put up a four-sided barbed wire fence to Court
ordered property. Which is situated in Survey No.190, a total
extent of 46 cents at Kannur Annavasal Village,
Needamangalam Taluka, Tiruvarur District so that the
encroachers do not cause any nuisance / other anti-social
elements. The said Court order property O.S.No.23/2016 in
E.P.No.2/2018 in EA.No.12/2022 a final execution appeal order
passed by the Hon’ble District Munsiff cum Judicial Magistrate
Court, Needamangalam , Tiruvarur District, on 09.01.2023, with
the time stipulated by this Hon’ble Court based on the
Petitioner’s representations dated 21.11.2923 and 07.11.2023
and for other reliefs and pass such father or other orders as this
Hon’ble Court may deem fit and proper in the above facts and
circumstances and thus render justice.

Dated at Chennai on the 1st January of February, 2024.

COUNSEL FOR THE PETITIONER

IN THE HIGH COURT OF
JUDICATURE AT MADRAS
( Special Original Jurisdiction )
W.P.NO. OF 2024

WRIT PETITION

S.PAVESH KANNAN,
(258/2003)
V.S.R.IYYAPPEN AND
M.PANNEER,
M/s. Chandraguta Mourya
Law Empire
Counsel for Petitioner
Mobile No.94446 30003
 IN THE HIGH COURT OF JUDICATURE AT MADRAS
( Special Original Jurisdiction )
W.P.NO. OF 2024
T. Benjamin
S/o. Thaniklas Nadar
Annavasal Kanur
Needamanglam Post
Tiruvarur District … Petitioner
-Vs-
1. The Superintendent of Police
Office of the Superintendent of Police
Thiruvarur District .

2. The Inspector of Police

Mannargudi Police Station
Thiruvarur District. … Respondents

PAPER BOOK, WRIT PETITION AND TYPED SET OF

PAPERS

Sl.No. Date Description of documents Pages

01. 01.02.2024 Date and Events

02. 01.02.2024 Synopsis

03. 01.02.2024 Coding sheet

Sl.No. Date Description of documents Pages

04. 01.02.2024 Court fee

05. 01.02.2024 Writ Petition

06. 01.02.2024 Affidavit of the Petitioner

07. 07.11.2024 Representation letter to 1st respondent

08. 21.11.2024 Representation letter to 2nd respondent

09. 24.10.2016 Court Order O.S.No.23/2016

10. 26.07.2022 Court Order E.P.No.2/2018

11. 09.01.2023 Court Order E.A.No.12/2022

12. 01.02.2024 Vakalath

13. 01.02.2024 Batta

Certified that the above documents are true copies of their respective original

Dated at Chennai on this 1st day of April, 2024

Counsel for Petitioner

 IN THE HIGH COURT OF JUDICATURE AT MADRAS
( Special Original Jurisdiction )
W.P.NO. OF 2024
T. Benjamin
S/o. Thaniklas Nadar
Annavasal Kanur
Needamanglam Post
Tiruvarur District … Petitioner
-Vs-
1. The Superintendent of Police
Office of the Superintendent of Police
Thiruvarur District .

2. The Inspector of Police

Mannargudi Police Station

Thiruvarur District. … Respondents

SYNOPSIS

1. The petitioner submit that the petitioner is absolute owner of the

comprising Survey No.190, measuring about 46 cents the property
situated at Kannur Annavasal Village, Needamangalam Taluka, Tiruvarur
District .

2. The petitioner submit that the said property has been evicted by the
encroacher as per the Hon’be Court order O.S.No.23/2016 in
E.P.No.2/2018 in EA.No.12/2022 a final execution appeal order passed
by the Hon’ble District Munsiff cum Judicial Magistrate Court,
Needamangalam , Tiruvarur District, on 09.01.2023.
 3. The petitioner submit that the petitioner intends to maintain and protect
the property acquired by the Court and to protect the said property from
the anti- social elements as the owner of the property by fencing the said
property on all four side.

4. The petitioner submit that the petitioner is a senior citizen and is in poor
health . In this situation, the petitioner feels that security guards by the
police are required for proper security while erecting barbed wire fences
on all four sides of the court order’s property.

5. The petitioner submit that he had sent representations dated 21.11.2923

and 07.11.2023, to respondents to take suitable arrangement of police
force and said representations. However no arrangement has been taken
on his representation dated 21.11.2923 and 07.11.2023 ill date and the
same is pending before the 1st and 2nd respondents.

DATES AND EVENTS

Sl.No. Dates Events

1. 07.11.2024 Representation letter to 1st respondent

2. 21.11.2024 Representation letter to 2nd respondent

3. 24.10.2016 Court Order O.S.No.23/2016

4. 26.07.2022 Court Order E.P.No.2/2018

5. 09.01.2023 Court Order E.A.No.12/2022

-----------------------------------------------------------------------------------------------

Dated at Chennai on this 1st day of January ,2024 .

COUNSEL FOR PETITIONER

IN THE HIGH COURT OF
JUDICATURE AT MADRAS
( Special Original Jurisdiction )
W.P.NO. OF 2024
T. Benjamin
S/o. Thaniklas Nadar
Annavasal Kanur
Needamanglam Post
Tiruvarur District
… Petitioner
-Vs-
1. The Superintendent of Police
Office of the Superintendent of Police
Thiruvarur District .
2. The Inspector of Police
Mannargudi Police Station

Thiruvarur District.
… Respondents

TYPED SET OF DOCUMENTS

S.PAVESH KANNAN, (258/2003)

V.S.R.IYYAPPEN AND
M.PANNEER,
M/s. Chandraguta Mourya Law
Empire
Counsel for Petitioner
Mobile No.94446 30003
No.315, Addl.Law Chambers,
Madras High Court,
Chennai -104.