E. SUNDARESAN Vs. TAMIL NADU WAKF BOARD

JUDGEMENT

(1.) This Writ Appeal has been directed as against the order of the Writ Court in W.P.No.4886 of 2004, whereunder the Court had declined to issue mandamus to 3rd respondent to give police protection to fence the petitioner's property and take necessary action to prevent trespass.

(2.) Though the writ petition appears to be a simple writ petition under Article 226 of the Constitution of India to direct the police to give police protection, but, actually it has a checkered career from Munsif Court to Supreme Court.

(3.) 3.22 acres of property comprised in Survey Nos.187/1, 187/2 and 187/3 situated in Vanaharam Village, in Poonamallee Taluk, in Kancheepuram District. One Elumalai Chettiar staked claim to this property that he had purchased it at a Court auction sale in 1935. In 1960, as between Elumalai Chettiar and his sons Balakrishnan Chettiar and Sundaresan Chettiar there was partition. The subject land measuring 2.44 acres comprised in Survey No.187/3D-2 was allotted to Sundaresan Chettiar. Sundaresan Chettiar's son is appellant Sankar.