Mohan Singh v. The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :15.04.2025

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Mohan Singh ... Petitioner Vs

1. The Inspector of Police, J1, Saidapet Police Station, Chennai.

2. Vanitha

3. Sekar

4. Kalidoss

5. Mala

6. sumathi

7. Devi ... Respondents Writ Petition filed under Article 226 of the Constitution praying to issue a Writ of Mandamus, directing the first respondent to provide Police protection to execute the order dated 01.07.2024 passed in E.P.No.4005 of 2022 in O.S.No.3115 of 2015 on the file of IX Assistant City Civil Judge at Chennai on the basis of the letter given by the Bailiff, City Civil Court, Chennai dated 20.09.2024.

For Petitioner : Mr. S.Venkatesh 1/5

For Respondents : Mr. A.Gopinath, Govt. Advocate (Crl. Side) for R1

O R D E R

This Writ Petition has been filed to direct the first respondent to provide police protection to execute the order dated 01.07.2024 passed in E.P. No. 4005 of 2022 in O.S. No. 3115 of 2015 on the file of the learned IX Assistant City Civil Judge at Chennai, on the basis of the letter given by the Bailiff, City Civil Court, Chennai, dated 20.09.2024.

2. Heard the learned counsel for the petitioner, the learned Government Advocate (Crl.Side) appearing for the first respondent and perused the materials available on record.

3. The petitioner filed a suit in O.S. No. 3115 of 2015 on the file of the learned IX Assistant City Civil Judge at Chennai and the same has been dismissed. Aggrieved by the same, the petitioner preferred an appeal in A.S. No. 38 of 2017 and the Appellate Court set aside the order passed by the Trial Court and the same has been decreed in favour of the petitioner. In 2/5

view of the execution of the said decree, the petitioner filed an Execution Petition in E.P. No. 4005 of 2022. The Trial Court, by order dated 01.07.2024, ordered to provide police protection to the Bailiff at the time of executing the warrant, as per the order passed in E.A. No. 1 of 2024.

4. In view of the above, the first respondent is directed to provide adequate police protection, as per the order passed by the Trial Court in E.P. No. 4005 of 2022 in O.S. No. 3115 of 2015, dated 01.07.2024, within a period of two weeks from the date of receipt of a copy of this order.

5. With the above directions, this Writ Petition is allowed. No costs.

15.04.2025 Index:Yes/No kv 3/5

To

1. The Inspector of Police, J1, Saidapet Police Station, Chennai.

2. The IX Assistant City Civil Judge, Chennai

3. The Public Prosecutor, High Court of Madras.

4/5

G.K.ILANTHIRAIYAN, J.

kv 15.04.2025 5/5