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2025 DAILYLAW 30289 (AP)

A A BALARAMAN v. THE STATE OF ANDHRA PRADESH

WP/22423/2025 · 2025-08-21

Venkata Jyothirmai Pratapa

body2025

Judgment text

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APHC010436412025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) FRIDAY,THE TWENTY SECOND DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 22423 OF 2025 Between: A A Balaraman, S/o. Annamalai Mudaliar Aged about 73 years, R/o. Chintalapatteda Village, Nagari Mandal, Chittoor District. ...Petitioner AND 1. The State Of Andhra Pradesh, Home Department, Rep. by its Principal Secretary, Secretariat Buildings, Velagapudi, Amaravati, District. 2. The Superintendent of Police, Chittoor, ChittoorDistrict. 3. The Circle Inspector, Nagari Police Station, Nagari, Chittoor, Chittoor District. 4. The Station House Officerg, Nagari Police Station, Nagari, Chittoor, Chittoor District. 5. Sri S Eswaran, S/o. S.R. Arunachalam Mudali, Aged about 48 R/o. Chintalapatteda Village, Nagari Mandal, Chittoor District. Guntur years. ...Respondents Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ, Order or direction more particularly one in the nature of Writ of Mandamus, declaring the action of the 4th Respondent not grating Police aid / Protection interms of the Judgement and Decree passed by this Hon'ble Court in Second Appeal No. 1192 of 2013 dated 02-02-2023, inspite of receiving the representation on 09-05-2025 till today as illegal, arbitrary, violative of property rights as guaranteed under Article 3 00-A of Constitution of India, consequently direct the Respondent authorities to grant police aid / protection to the land over an extent of over an extent of Ac.0.69 cents in Sy.No.270/2 of Gundrajukuppam Village accounts, Nagari Mandal, Chittoor District, interms of the of the Judgement and Decree passed by this Hon'ble Court in Second Appeal No. 1192 of 2013 dated 02-02-2023. tA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to grant interim direction, directing the Respondents 2 to 4 consider the representation made by the Petitioner on 09-05-2025, interms of the Permanent Injunction Judgement & Decree passed by this Hon’ble Court in Second Appeal No. 1192 of 2013 dated 02-02-2023, pending disposal of main Writ Petition. lA NO: 2 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to grant an interim direction, directing the Respondents 2 to 4 to grant police aid / protection to the Petitioner land over an extent of Ac.0.69 cents in Sy.No.270/2 of Gundrajukuppam Village accounts, Nagari Mandal, Chittoor District, interims of the Permanent Injunction Judgement & Decree passed by this Hon’ble Court in Second Appeal No. 1192 of 2013 dated 02-02-2023, pending disposal of main Writ Petition. Counsel for the Petitioner: M/S K KOUTILYA Counsel for the Respondent Nos.1 to 4: GP FOR HOME Counsel for the Respondent No.5: NONE APPEARED The Court made the following order: 9^ APHC010436412025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) FRIDAY, THE TWENTY SECOND DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 22423 OF 2025 Between: 1. A.A.BALARAMAN, S/o. Annamalai Mudaliar Aged about 73 years, R/o. Chintalapatteda Village, Nagari Mandal, Chittoor District. ...Petitioner AND 1. THE STATE OF ANDHRA PRADESH, Home Department, Rep. by its Principal Secretary, Secretariat Buildings, Velagapudi, Amaravati, Guntur District. 2. The Superintendent of Police, Chittoor, ChittoorDistrict. 3. The Circle Inspector, Nagari Police Station District. 4. The Station House Officerg, Nagari Police Station, Chittoor Nagari, Chittoor Nagari, Chittoor, Chittoor District. 5. Sri S Eswaran, S/o. S.R. Arunachalam Mudali, Aged about 48 years, R/o. Chintalapatteda Village, Nagari Mandal, Chittoor District. ...Respondents Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to Pleased to issue a Writ, Order or direction more particularly one in the nature of Writ of Mandamus, declaring the action of the 4th Respondent Police aid / Protection interms of the Judgement and Decree not grating passed by this Hon’ble Court in Second Appeal No. 1192 of 2013 dated 02 02-2023, inspite of receiving the representation on 09-05-2025 till today as illegal, arbitrary, violative of property rights as guaranteed under Article 3 00-A of Constitution of India, consequently direct the Respondent authorities to grant police aid / protection to the land over an extent of over an extent of Ac.0.69 cents in Sy.No.270/2 of Gundrajukuppam Village accounts, Nagari Mandal, Chittoor District, in terms of the of the Judgement and Decree passed by this Hon'ble Court in Second Appeal No. 1192 of 2013 dated 02- 02-2023 and pass iA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased Pleased to grant interim direction, directing the Respondents 2 to 4 consider the representation made by the Petitioner on 09-05-2025, interms of the Permanent Injunction Judgement & Decree passed by this Hon’ble Court in Second Appeal No. 1192 of 2013 dated 02-02-2023, pending disposal of main Writ Petition and pass IA NO: 2 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased Pleased to grant an interim direction, directing the Respondents 2 to 4 to grant police aid / protection to the Petitioner land over an extent of Ac.0.69 cents in Sy.No.270/2 of Gundrajukuppam Village accounts, Nagari Mandal, Chittoor District, interims of the Permanent Injunction Judgement & Decree passed by this Hon’ble Court in Second Appeal No. 1192 of 2013 dated 02- 02-2023, pending disposal of main Writ Petition, and pass Counsel for the Petitioner: K KOUTILYA Counsel for the Respondents: GP FOR HOME The Court made the following order: THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 22423 OF 2025 •fT ORDER: This Writ Petition is filed under Article 226 of Constitution of India with the following prayer for: “...Pleased to issue a Writ, Order or direction more particularly one in the nature of Writ of Mandamus, declaring the action of the 4th Respondent not grating Police aid / Protection interms of the Judgment and Decree passed by this Hon'ble Court in Second Appeal No. 1192 of 2013 dated 02-02-2023, inspite of receiving the representation on 09-05-2025 till today as illegal, arbitrary, violative of property rights as guaranteed under Article 3 00-A of Constitution of India, consequently direct the Respondent authorities to grant police aid / protection to the land over an extent of over an extent of Ac. 0.69 cents in Sy.No. 270/2 of Gundrajukuppam Village accounts, Nagari Mandal, Chittoor District, interms of the of the Judgement and Decree passed by this Hon'ble Court in Second Appeal No. 1192 of 2013 dated 02- 02-2023 and pass..” 2. Heard the learned counsel for the petitioner and Sri V.Farooq, learned Assistant Government Pleader for Home. 3. The learned counsel for the petitioner submitted that the petitioner had filed a civil suit against the father of the unofficial respondent herein, and obtained a decree for title and injunction. Aggrieved by the said decree, the father of the unofficial respondent preferred an appeal, which was dismissed. Thereafter, a Second Appeal No. 1192 of 2013 was filed before a coordinate Bench of this Court, which was also dismissed by Hon’ble Sri Justice Krupa Sagar on 02.02.2023. Learned counsel further submitted that, the son of the defendant i.e. 4, the unofficial respondent is threatening to dispossess the petitioner from the subject property, despite the subsisting decree. The petitioner submitted a representation to the police on 09.05.2025 seeking protection, but no action has been taken so far. 5. Learned Assistant Government Pleader appearing for the respondents submitted that the police have not received any such representation, and there is no acknowledgment on the copy filed by the petitioner along with the writ petition. The learned counsel for the petitioner, at this stage, seeks liberty to submit a fresh representation to the police, in light of the judgment passed by the coordinate Bench in the second appeal, wherein the title and of the petitioner over the subject property was upheld. Considering the submissions made, the Writ Petition is disposed of with liberty to the petitioner to submit a fresh representation to the police. Upon receipt of such representation, the concerned police authorities shall consider the same and take appropriate action in accordance with law, keeping in view of the judgment passed by the coordinate Bench of this Court in Second Appeal No. 1192 of 2013. There shall be no order as to costs. As a sequel thereto, miscellaneous petitions pending, if any, shall stand 6. possession 7. closed. Sd/- K TATA RAO ' deputy // SECTION OFFICER GiSTRAR //TRUE COPY// To, 1- The Principal Secretary, Home Department, Secretariat Buildings Velagapudi, Amaravati, Guntur District 2. The Superintendent of Police, Chittoor, ChittoorDistrict. K 3. The Circle Inspector, Nagari Police Station, Nagari, Chittoor District. 4. The Station House Officerg, Nagari Police Station, Chittoor District. 5. One CC to Sri. K Koutilya, Advocate [OPUC] 6. Two CCs to GP For Home, High Court of Andhra Pradesh [OUT] 7. Two CD Copies. Chittoor Nagari, Chittoor AL high court DATED:22/08/2025 ORDER WP NO. 22423 OF 2025 1 6 SF» 7(175 Current section ^ >; £^spatcv.^'^ X m O -k disposing of the W.P. WITHOUT COSTS