IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWENTY FIRST DAY OF APRIL, TWO THOUSAND EIGHT ONLY PRESENT: THE HON’BLE MR. JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.21838 of 2007 Between: P. Anandam … Petitioner AND The Superintendent of Police, Karimnagar District, Karimnagar & others. … Respondents Counsel for the petitioner : Sri G. Ramakrishna Counsel for the respondents: AGP for Home This Court made the following: THE HON’BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.21838 of 2007 ORDER:- This writ petition is filed for a Writ of Mandamus to declare the inaction of the respondents in considering the petitioner’s letter dated 04.10.2007 for police aid to protect his property to an extent of Ac.1.39 guntas in Sy.No.672/A of Janagam Village Shivar, Ramagundam Mandal, Karimnagar District, as illegal. The petitioner filed O.S.No.299 of 2005 in the Court of the learned Junior Civil Judge, Godavarikhani for perpetual injunction against one Manchikatla Venkataswamy and others. An order of temporary injunction was granted by the said Court in his favour in I.A.No.579 of 2005 on 17.10.2005. On the ground that despite the said order of injunction the respondents to the I.A. were interfering, the petitioner moved the Judicial Magistrate of First Class, Godavarikhani, who, the petitioner claims, acts as Junior Civil Judge, Godavarikhani and the said Magistrate issued official memorandum dated 27.10.2007 directing respondent No.4 to render necessary police protection in respect of petition schedule plot comprised in Sy.No.672/A admeasuring Ac.1-39 guntas. The grievance of the petitioner is that despite the said official memorandum, no action has been taken by respondent No.4 for giving police protection. In the counter affidavit filed by Circle Inspector of Police, Godavarikhani I Town Police Station, it is stated that in due obedience to the aforementioned memo, he directed Head Constable No.645 on 11.04.2007 to render necessary police protection to the petitioner. He further stated that defendant No.1 in the suit filed by the petitioner filed application on 13.04.2005 before the Assistant Commissioner of Police, Godavarikhani stating that in the guise of police protection order, the petitioner is trying to encroach and grab his land, that since defendant No.1 also owns land in the same survey number apart from several other persons owning the land, the Circle Inspector issued notice to the petitioner on 22.04.2007 to take steps to demarcate his land in Sy.No.672/A with the help of a surveyor and fix up the boundaries and that the petitioner did not take any steps in this regard. He denied receipt of letter dated 15.04.2007 sent to respondent No.2 and legal notice dated 02.04.2007 to respondent Nos.2 and 3. He reported that the police are always ready and willing to give protection to the petitioner, if his land is measured and identified. Inasmuch as the respondents have expressed their readiness and willingness to give protection to the petitioner’s land provided if it is properly demarcated and boundaries are fixed, the writ petition is disposed of. The petitioner is permitted to get the boundaries demarcated with the help of surveyor and intimate the same to respondent No.4. Thereupon respondent No.4 shall provide necessary police protection. As a sequel to disposal of the writ petition, WPMP.No.28306 of 2007 filed by the petitioner for interim relief is disposed of as infructuous. ____________________________ C.V.NAGARJUNA REDDY, J Date: 21.04.2008 ES