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Madras High CourtWP Crl./736/2026disposed of

S.Arunraj v. The Commissioner Of Police

2026-06-24Honourable Mr Justice G.K. Ilanthiraiyan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 24-06-2026

CORAM

THE HON'BLE MR.JUSTICE G.K.ILANTHIRAIYAN S.Arunraj ..Petitioner(s) Vs

1. The Commissioner of Police, Tambaram Commissioner Office, Sholinganallur.

2. The Inspector of Police, Kelambakkam Police Station, Tambaram.

..Respondent(s) Prayer: Writ Petition (Criminal) filed under Article 226 of Constitution of India for issuance of Writ of Mandamus, to direct the respondents to hand over the keys to the portions of petitioner's property which was over locked by the respondents.

For Petitioner(s):

Mr.P.G.Santhosh Kumar For Respondent(s):

Mr.R.Ganesh Kumar, Counsel for Government of Tamil Nadu (Criminal Side)

ORDER

This writ petition has been filed to direct the respondents to hand over the keys of the petitioner's property, which was locked by the respondents. 2.The petitioner had purchased a property comprised in Survey No.220/1 measuring an extent of 1405 sq. ft., New Survey No.220/3 in Old Patta No.1427 situated at Kazhipattur Village, Thiruporur Taluk, Chengalpattu District from one Mishrilal Kumawath. The petitioner's vendor was running a pawn broker shop in the name of 'Mahaveer Jewellery and Pawn Broker' and 'Mahaveer Mobiles and Accessories', with whom the general pubic had pledged their jewels and obtained loans. While handing over the keys of the property to the petitioner, the vendor requested the petitioner to place the sign boards of his business in the subject property for a period of two months.

However, the said vendor had looted the jewels of general public and vacated the premises. A complaint was lodged by the victims before the 2nd respondent Police, who conducted an enquiry and locked the premises. 3.

respondents have locked the property and had taken possession of the same. Thus, he would submit that the onus shall be attributed only on the vendor and the respondents may be directed to hand over the keys of the petitioner's property to him.

4.It is seen that the petitioner was not arrayed as an accused in the complaint given before the 2nd respondent Police and no FIR has also been registered till date. Thus, the action of the respondents in taking possession of the petitioner's property is illegal.

5.Therefore, the 2nd respondent is directed to hand over the keys of the petitioner's premises to the petitioner forthwith and permit the petitioner to enter into his premises. However, the 2nd respondent is granted liberty to take appropriate action as against the petitioner, if it is found that the property is purchased illegally, in accordance with law. Accordingly, the writ petition is disposed of. No costs.

24-06-2026 Index: Yes/No hvk

G.K.ILANTHIRAIYAN, J.

hvk To

1. The Commissioner of Police, Tambaram Commissioner Office, Sholinganallur.

2. The Inspector of Police, Kelambakkam Police Station, Tambaram.

3. The Public Prosecutor, High Court, Madras.

24-06-2026