IN THE HIGH COURT OF JUDICATURE AT

MADRAS MADURAI BENCH

(Special original Jurisdiction)

W.P (M.D). NO: OF 2024

Mr. Kumar
S/o Veeriyaperumal,
Kullampatti,
Pothuravuthanpatti Village,
Krishnarayapuram Taluk,
Karur. .…. Petitioner
Vs

1. The Superintendent Of Police,

Karur district
Karur

2. The Deputy Superintendent Of police

Karur District,
Karur.

3. The Inspector Of Police,

Kulithalai Police Station,
Karur.

4. Periyasamy,
S/o. Ramasamy,
Dharani Nagar,
Vennamalai,
Karur. ... Respondents
AFFIDAVIT

I, [Link] son of Veeriyaperumal aged

about 44 years, residing at Kullampatti Pothuravuthanpatti

village, Krishnarayapuram taluk, Karur District, Now temporarily

come down to Madurai, do hereby solemnly affirm and sincerely

state as follows:
 1) I am the petitioner herein as such I know the facts of

the case I am filing this affidavit for seeking the relief of Writ of

Mandamus, directing the 1-3 Respondents not to give Police

Protection in favor of the 4th Respondent and his men for fencing and

cutting off the trees in the property situated in Survey

Nos.421/1,421/2,434/2Pothuravuthanpatti village, Krishnarayapuram

taluk, Karur District without due process of law and thus render

justice.

2) I humbly submit that the I am one of the co-sharer and

having ¼ share of the entire property. As per the partition suit Decree

and Judgment in [Link] 26/2018 & O.S. No 33/2022 On the file of the

Principal District Judge, Karur.

3) Originally the property belongs to my father namely

Veeraperumal who is having two wife namely Kalliyammal, Tamilmani

and I’m the son of first wife of Veeraperumal, having one sister namely

Mala. Myself, Sister and Mother all enjoying the property along with the

other co-sharers. Meanwhile one of our relatives namely Ruba, Kanaga

had mutate patta in their name extend of the entire property of Survey

Nos. 421/1,421/2,434/2 extend of 22.5 Acre 56 cents who is not having

shares on the property and they registered Sale deed in favor of one

Satheeshkumar and Saravanan Sons of Periyasamy, Pendency of the

Partition Suit in O.S No 26/2018 and O.S No.33/2022 on the file of

Principal District Judge,Karur.

 4) I further submit that based on the above created sale deed,

thus Periyasamy trying to enter the properties by misusing the

Registered Sale deed and also mutate the Patta in favor of his sons

namely Satheeshkumar, Saravanan. Meanwhile they had filed Police

protection petition by suppressing the entire fact of that Ruba and

Kanaga are not original owners of the property, the enquiry also conduct

by the police officer as per the direction in [Link] 2675 of 2023 dated

29.09.2023 on the file of the Judicial Magistrate, Kulithalai and that was

closed against which the 4 th Respondent Periyasamy filed a Writ petition

in [Link].4366 of 2024 before the Hon’ble High Court to give police

protection to cut off the tree in Survey Nos. 421/1,421/2,434/2 extend of

22.5 Acre 56 cents wherein one of the legal heir in partition suit namely

Balamani has impleaded herself, wherein the Hon’ble High Court passed

an order dated 01.03.2024 as follows.

“5. Considering the submissions of the learned Counsel for the

Petitioner and the learned Counsel for the impleaded Respondents,

in the light of the pendency of the suit for partition, this Court

cannot pass orders regarding Police protection to the Petitioner for

cutting and removing the trees from undivided properties, which is

pending before the learned Principal District Court, Karur. The

Petitioner has to wait until the suit is disposed of by the learned

Principal District and Sessions Judge, Karur.

 6. With the above direction, this Writ Petition is disposed of. No

costs.”

5) As per the Order of the Hon’ble High Court the 4 th Respondent

herein stopped their illegal entry to cutting off trees. Meanwhile the

partition suit [Link].26/2018 and [Link] 33/2022 decreed dated

19.07.2024 in favor of me and co-sharers wherein the above Ruba and

Kanaga have no shares in the properties.

6) I further submit that as fact remains so by suppressing the all

of the entire facts of the case the 4 th Respondent filed the writ in order

to survey the demark of the property in [Link].17206 OF 2024 dated

26.07.2024 the order as follows,

“2. This writ petition is disposed of at the admission stage itself.

It

is open to any aggrieved party to move this Court either by way of

review or recall of this order, if there is any suppression of material

facts by the petitioner.

(IX) It is made clear that at the end of the survey exercise, survey

stones alone can be installed. The exercise of survey and

demarcation undertaken pursuant to the direction of this Court can

never result in dispossession of any party. If the petitioner wants

to put up fencing and if there is any objection from any private

 party, fencing can be put up only after the petitioner obtains

decree from the jurisdictional Civil Court.”

7) I further submit that the above order is very clear and there

is an specific condition to put a fence “only after the petitioner obtains

decree from the jurisdictional Civil Court” but the 4th respondent and his

hirelings are trying to fence the property without looking after the

Judgment and Decree and high court orders and the 2 nd, 3rd respondents

are hand in clove with the 4 th respondent and providing police protection

by restricting the original owners possession of the properties and trying

to cut off the trees in Survey Nos. 421/1,421/2,434/2 in the name of

Police protection.

8) Henceforth no other option to filing this Writ petition not to

give Police protection in favor of the 4 th respondent by misusing the

power vested with police officials in CRPC & BNSS Act without due

process of law as trying to evict me and my family members by fencing

and cutting off the trees. I also given the explanation to the 1-3

Respondents and handed the degree judgment in [Link] 26/2018 & O.S.

No 33/2022 On the file of the Principal District Judge, Karur and High

Court judgments in [Link].4366 of 2024 dated 01.03.2024 &

[Link].17206 OF 2024 dated 26.07.2024 Even after receipt of the

degree judgments and high Court orders the 2&3 Respondents are

providing the Police protection as Cooliguns, the reason best known to

them.
 9) I submit that I have not filed any other Writ Petition for

the same cause of action before this Hon’ble court or any other forum

under such circumstances no other alternative remedy expect

approaching this Hon’ble court by the way of filing writ petition under

Article 226 of constitution of India.

It therefore prayed that this Honorable court may be

pleased to issue a WRIT OF MANDAMUS, directing the 1-3

Respondents not to give Police Protection in favor of the 4 th Respondent

and his men for fencing and cutting off the trees in the property situated

in Survey Nos.421/1,421/2,434/2 Pothuravuthanpatti village,

Krishnarayapuram taluk, Karur District without due process of law and

pass such other order or orders as the court may deem fit and proper in

the circumstance of this case and thus render justice.

Before me
Advocate Madurai
 MEMORANDUM OF WRIT PETITION
(Under Article 226 of Constitution of India)
IN THE HIGH COURT OF JUDICATURE AT MADRAS
MADURAI BENCH. MADURAI
(Special Original Jurisdiction)
W.P (M.D). NO: OF 2024
Mr. Kumar,
S/o Veeriyaperumal,
Kullampatti,
Pothuravuthanpatti Village,
Krishnarayapuram Taluk,
Karur. .…. Petitioner
Vs

1. The Superintendent Of Police,

Karur district
Karur

2. The Deputy Superintendent Of police

Karur District,
Karur.

3. The Inspector Of Police,

Kulithalai Police Station,
Karur.

4. Periyasamy,
S/o. Ramasamy,
Dharani Nagar,
Vennamalai,
Karur. ... Respondents

WRIT PETITION

The address for service on the petitioner is that of

his Counsel M/s A. JOSEPH JERRY, K. VARSHINI & B. ISAK
CAMILUS ADVOCATES, having their office at No 65 Law

Chambers, High Court Buildings, Madurai 625 023.

 The address for service on the respondents is
as stated above.

On stated in the accompanying affidavit It

therefore prayed that this Honorable court may be pleased to

issue a WRIT OF MANDAMUS, directing the 1-3 Respondents

not to give Police Protection in favor of the 4 th Respondent and

his men for fencing and cutting off the trees in the property

situated in Survey Nos.421/1,421/2,434/2 Pothuravuthanpatti

village, Krishnarayapuram taluk, Karur District without due

process of law and pass such other order or orders as the court

may deem fit and proper in the circumstance of this case and

thus render justice.

Dated at Madurai on this day of of 2024

Counsel for the Petitioner

 IN THE HIGH COURT OF JUDICATURE AT MADRAS
MADURAI BENCH
(Special original Jurisdiction)
W.P (M.D). NO: OF 2024
Mr. Kumar,
S/o Veeriyaperumal,
Kullampatti,
Karur. .…. Petitioner
Vs

1. The Superintendent Of Police,

Karur district
Karur and 3 others ... Respondents

SYNOPSIS DATES AND EVENTS

1) The petitioner filing this affidavit for seeking the relief of

directing the 1-3 Respondents not to give Police Protection in favor of

the 4th Respondent and his men for fencing and cutting off the trees in
the property situated in Survey
Nos.421/1,421/2,434/2Pothuravuthanpatti village, Krishnarayapuram
taluk, Karur District without due process of law and thus render
justice.

2) Originally the property belongs to my father namely

Veeraperumal who is having two wife namely Kalliyammal, Tamilmani

and I’m the son of first wife of Veeraperumal, having one sister namely

Mala. Myself, Sister and Mother all enjoying the property along with the

other co-sharers. Meanwhile one of our relatives namely Ruba, Kanaga

had mutate patta in their name extend of the entire property of Survey

Nos. 421/1,421/2,434/2 extend of 22.5 Acre 56 cents who is not having

shares on the property and they registered Sale deed in favor of one
Satheeshkumar and Saravanan Sons of Periyasamy, Pendency of the

Partition Suit in O.S No 26/2018 and O.S No.33/2022 on the file of

Principal District Judge,Karur.

3) I further submit that the above order is very clear and there is

an specific condition to put a fence “only after the petitioner obtains

decree from the jurisdictional Civil Court” but the 4th respondent and his

hirelings are trying to fence the property without looking after the

Judgment and Decree and high court orders and the 2 nd, 3rd respondents

are hand in clove with the 4 th respondent and providing police protection

by restricting the original owners possession of the properties and trying

to cut off the trees in Survey Nos. 421/1,421/2,434/2 in the name of

Police protection. Hence I am filing this writ petition .

DATES AND EVENTS

01.03.2024 Order copy in [Link].4366 of 2024
19.07.2024 Judgment and degree in in [Link] 26/2018 & O.S. No
33/2022 On the file of the Principal District Judge, Karur
26.07.2024 Order copy in [Link].17206 OF 2024
14.09.2024 Legal notice of Objection
18.09.2024 Proceedings of Tahsildar in [Link].A.7/1904/2024

Dated at Madurai on this day of 2024

COUNSEL FOR PETITIONER

 IN THE HIGH COURT OF JUDICATURE AT MADRAS
MADURAI BENCH
(Special original Jurisdiction)
W.P (M.D). NO: OF 2024
Mr. Kumar
S/o Veeriyaperumal,
Krishnarayapuram Taluk,
Karur. .…. Petitioner
Vs
1. The Superintendent Of Police,
Karur district
Karur and 3 others .... Respondents
INDEX
[Link] DATE PARTICULARS PAGE NO.
1. Synopsis
2. Court fee
3. Coding Sheet
4. Writ Petition
5. Affidavit

TYPESET OF PAPERS

6. 01.03.2024 Order copy in [Link].4366 of 2024

7. 19.07.2024 Judgment and degree in in [Link]
26/2018 & O.S. No 33/2022 On the file of
the Principal District Judge, Karur
8. 26.07.2024 Order copy in [Link].17206 OF 2024
9. 14.09.2024 Legal notice of Objection
10. 18.09.2024 Proceedings of Tahsildar in
[Link].A.7/1904/2024
11. UDR Patta
12. Vakalat
13. Batta
Certified that the descriptions are true of their originals.
Dated at Madurai on this day of 2024

COUNSEL FOR PETITIONER