B.Dorai Raj v. The Commissioner Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.08.2025

CORAM:

THE HON'BLE MR.JUSTICE N. SATHISH KUMAR B.Dorai Raj ... Petitioner Vs.

1. The Commissioner of Police, Police Commissionerate, Avadi, Chennai, Tamil Nadu 600 054.

2. The Inspector of Police, T2, Police Station, 5453+74, HVF Tank Road, Aavadi, New Vellanur, Tamil Nadu 600 154.

3. Pathamani ... Respondents PRAYER : Writ Petition is filed under Article 226 of Constitution of India, to issue a Writ of Mandamus or may other appropriate writ order or direction in the nature of writ, to direct the second respondent Police to provide police protection for constructing the compound wall around the petitioner's land to an extent of 2400 Sq.ft., comprised in old Survey No.210/2, New Survey No.210/43, situated at Pothur Village, Avadi Taluk, Thiruvallur District vide a sale deed dated 11.06.1991 which is registered as Document No.5857 of 1991 by considering the petitioner's representation dated 07.03.2024.

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For Petitioner : Mr.M.Prem Kumar For R1 & R2 : Mr.K.M.D.Muhilan Additional Public Prosecutor

O R D E R

This Writ Petition has been filed seeking a direction to the respondent Police to consider the petitioner's representation dated 07.03.2024 and provide police protection for the petitioner to construct the compound wall around his land.

2. Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for respondents 1 and 2.

3. At the outset, this Court is of the view, such protection cannot be granted, particularly when there is a rival claim by the other side. The practice of granting blanket police protection, especially in respect of immovable property without establishing title, leads to serious consequences. In this aspect, the Hon'ble Apex Court in ''PR.Muralidharan and others Vs. Swami Dharmananda Theertha Padar'' reported in (2006) 4 SCC has held as follows: ''...19.A Writ for ''Police Protection" so-called, has 2/4

only a limited scope, as when the Court is approached for protection of rights declared by a decree or by an order passed by a civil Court. It cannot be extended to cases where rights have not been determined either finally by the civil Court or, at least at an interlocutory stage in an unambigous manner, and then too in furtherance of the decree or order.''

4. In view of the above, there shall not be any blanket Order for police protection and the petitioner can very well work out his remedy in accordance with law.

5. Accordingly, this Writ Petition stands dismissed. No costs. 22.08.2025 ham To

1. The Commissioner of Police, Police Commissionerate, Avadi, Chennai, Tamil Nadu 600 054.

2. The Inspector of Police, T2, Police Station, 5453+74, HVF Tank Road, Aavadi, New Vellanur, Tamil Nadu 600 154.

3. The Public Prosecutor, High Court of Madras. 3/4

N. SATHISH KUMAR , J.

ham 22.08.2025 4/4