R.Ramani v. The Assistant Commissioner
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 13.08.2025 CORAM :
THE HONOURABLE MR. JUSTICE N. SATHISH KUMAR and W.M.P.No.4233 of 2022 P.Ramani ... Petitioner Vs.
1.The Assistant Commissioner of Police, St.Thomas Mount, Chennai - 600 016.
2.The Inspector of Police S-1, St.Thomas Mount Police Station, St.Thomas Mount, Chennai - 600 016.
3.S.Venkatesan 4.S.Sathya 5.S.Kothanayaki ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus to direct the 1st and 2nd respondents herein to give appropriate and necessary Police protection to the petitioner's property pursuant to the decree passed in suits in O.S.No.2176 of 1997 and O.S.No.428 of 2002 dated 13.02.2015 on the file of the Additional District
Munsif Court, Alandur.
For Petitioner :
Mr.J.Selvarajan For R1 and R2 :
Mr.K.M.D.Muhilan, Additional Public Prosecutor For R3 to R5 :
Mr.M.Thangadurai
O R D E R
This writ petition is filed to direct the 1st and 2nd respondents herein to give appropriate and necessary Police protection to the petitioner's property pursuant to the decree passed in suits in O.S.No.2176 of 1997 and O.S.No.428 of 2002 dated 13.02.2015 on the file of the Additional District Munsif Court, Alandur.
2.It is the case of the petitioner that she has been in possession and enjoyment of the property bearing Door No.4/92, Mangaliamman Koil Street, St.Thomas Mount, Chennai - 600 016, for several decades. However, the private respondents have interfered with the petitioner's peaceful possession and they have filed suits for permanent injunction in O.S.No.2176 of 1997 and O.S.No.428 of 2002 dated 13.02.2015 on the file of the Additional District Munsif Court, Alandur. The said suits have been
dismissed by the trial Court by judgment and decree dated 13.02.2015. Despite the decree of the trial Court, the private respondents are interfering with the petitioner's possession of the property. Hence, the petitioner has come up with this writ petition seeking Police protection. 3.Heard the learned counsel on either side and perused the materials available on record.
4.At the outset, this Court is of the view that the allegations made out by the petitioner prima facie appear to be purely civil in nature. Though it is the contention of the petitioner that the Civil Court has dismissed the suits filed by the private respondents for permanent injunction on the ground that the plaintiffs/private respondents herein have not proved their possession in the subject property, on a perusal of the judgment of the trial Court, it is seen that the defendants in the suit themselves have admitted that, during the pendency of the suit, the plaintiffs have trespassed into the suit property by dispossessing the petitioner. It is relevant to note that the suit has been dismissed on other grounds that the plaintiffs have not established their case. Such being the position, it cannot be construed that the Civil Court has
approved the possession of the petitioner in the suit property. Hence, there cannot be a blanket order of Police protection as sought for by the petitioner on the strength of the Civil Court decree standing against the private respondents. The practice of granting blanket orders of police protection, particularly in respect of civil disputes regarding immovable property, would lead to serious consequences. If at all there is any disturbance from the private respondents, it is for the petitioner to work out his remedy in the manner known to law. Therefore, this Court is not inclined to grant the relief of Police protection at this stage.
5.Accordingly, this writ petition is dismissed. No costs. Consequently, connected miscellaneous petition is closed. 13.08.2025 mkn Internet : Yes Index : Yes / No Speaking order : Yes / No To
1.The Assistant Commissioner of Police, St.Thomas Mount, Chennai - 600 016.
2.The Inspector of Police S-1, St.Thomas Mount Police Station, St.Thomas Mount, Chennai - 600 016.
3.The Public Prosecutor, High Court, Madras.
N. SATHISH KUMAR, J.
mkn 13.08.2025