S.Rosy v. The Commissioner Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 16.06.2026

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN WP.Crl.No.387 of 2026 S.Rosy ... Petitioner Vs.

1.The Commissioner of Police, Office of the Commissioner of Police, Chennai - 600 007.

2.The Deputy Commissioner of Police, Office of the Deputy Commissioner of Police, No.18, Police Quarters, Poonamallee High Road, Kilpauk, Chennai - 600 010.

3.The Inspector of Police, G-5 Police Station, No.1, Secretariat Colony, A.K.Swamy Nagar Main Road, Kilpauk, Chennai - 600 010.

4.E.Ramala 5.R.Prithish Raj ... Respondents Prayer:

Writ Petition(Crl.) filed under Article 226 of Constitution of India praying to issue a WRIT OF MANDAMUS directing the 1st to 3rd respondents to provide the police protection to the petitioner to reconstruct the compound wall, install a cement asbestos roof, and secure her peaceful possession of the property namely consists of an extent of

0.54 Sq.m., comprised in R.S.No.2873/2 (part), Plot No.35, Door No.106, S.S.Puram, TNSCB, 'B' Block, 3rd Street, Purasaiwakkam, Chennai - 600 007, within the time period that may be fixed by the Court. For Petitioner : Mr.C.P.Naresh Kumar For Respondents For R1 to 3 : Mr.R.Ganesh Kumar, Counsel for Government of Tamil Nadu (Criminal Side) For R4 & 5 : Mr.Samir Kumar Shah for M/s.Shah and Shah

ORDER

This writ petition has been filed for direction to the 1st to 3rd respondents to provide the police protection to the petitioner to reconstruct the compound wall, install a cement asbestos roof, and secure her peaceful possession of the property namely consists of an extent of 0.54 Sq.m., comprised in R.S.No.2873/2 (part), Plot No.35, Door No.106, S.S.Puram, TNSCB, 'B' Block, 3rd Street, Purasaiwakkam, Chennai - 600 007, within the time period that may be fixed by the Court. 2.

The petitioner has requested direction to provide police protection to reconstruct the compound wall in respect of the aforementioned property stating that she is the owner and she also obtained decree of declaration and injunction dated 26.11.2025 against

respondent 4 and 5 in OS.No.5752 of 2018 on the file of the XVIII City Civil Court, Chennai insofar as 50% of the share. It is seen that the petitioner and respondents 4 & 5 are of the same family. Aggrieved by the judgment and decree in OS.No.5752 of 2018, respondents 4 & 5 filed appeal suit in AS.No.98 of 2026 and it is pending for adjudication. While being so, the petitioner has lodged complaint seeking police protection to re-construct compound wall in and around the said property. 3.

On instruction, the learned Counsel for Government of Tamil Nadu (Criminal Side) appearing for respondents 1 to 3 submitted that complaint lodged by the petitioner has been registered in Crime No.57 of 2026 for the offences punishable under Sections 115(2), 324(4) & 74 of BNS against respondents 4 & 5, whereas the complaint lodged by the fourth respondent has been registered in Crime No.58 of 2026 for the offences punishable under Sections 329(4), 324(4), 296(b) & 351(2) of BNS against the petitioner and others. However, both the FIR's are pending for investigation.

4.

In view of the above, the prayer sought for in this writ petition cannot be considered. As such, this writ petition is liable to be dismissed. However, the third respondent is directed to complete the

investigation in Crime Nos.57 of 2026 and 58 of 2026 and file final report before the magistrate concerned within a period of twelve weeks from the date of receipt of this order.

5.

With the above direction, this writ petition is dismissed. There shall be no order as to costs.

16.06.2026 Index : Yes/No : Yes/No Speaking/non-speaking order lok

To 1.The Commissioner of Police, Office of the Commissioner of Police, Chennai - 600 007.

2.The Deputy Commissioner of Police, Office of the Deputy Commissioner of Police, No.18, Police Quarters, Poonamallee High Road, Kilpauk, Chennai - 600 010.

3.The Inspector of Police, G-5 Police Station, No.1, Secretariat Colony, A.K.Swamy Nagar Main Road, Kilpauk, Chennai - 600 010.

4.The Public Prosecutor, High Court of Madras

G.K.ILANTHIRAIYAN, J.

lok WP . Crl.

No.

of 202 16.06.2026