N.Dhayanithi v. The Commissioner Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 20.08.2025

CORAM:

THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR 1.N.Dhayanithi 2.D.Palani Both are residing at No.18, Anna Street, Sholinganallur, Chennai - 600 119.

...

Petitioners versus 1.The Commissioner of Police, No.132, EVK Sampath Road, Chennai.

2.The Inspector, Semmacheri Police Station, Sholinganallur, Chennai - 600 119.

3.The Sub Inspector, Semmacheri Police Station, Sholinganallur, Chennai - 600 119.

4.Mohan, S/o.Govindasami 5.Anbarasu, S/o.Mohan 6.Monisha, W/o.Anbarasu Nos.4 to 6 are residing at No.19, Anna Street, Sholinganallur, Chennai - 600 119. ...

Respondents 1/5

Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, directing the respondents 1 to 3 to enforce the Judgment and Decree dated 14.12.2022 passed in O.S.No.333 of 2021, on the file of Principal District Munsif Court, Alandur by providing police protection to the petitioners in order to enable the petitioners to complete the construction work at No.18, Anna Street, Sholinganallur, Chennai - 600 119, situate at S.No.664/1, Sholinganallur No.155, Saidapet Taluk, Chengalpatu District.

For Petitioners :

Mr.T.S.Baskaran For Respondents :

Mr.R.Vinothraja Government Advocate (Crl. Side) for R1 to R3 Mr.V.Vijayakumar - R4 to R6

O R D E R

This Writ Petition is filed to direct the respondents 1 to 3 to provide police protection to the petitioners to construct a compound wall. 2.

According to the petitioners, they have filed a suit in O.S.No.333 of 2021 for permanent injunction against the private respondents herein and the same was also decreed ex parte. Therefore, now they want to construct a compound wall for which the police protection is required, as the respondents 4 to 6 are causing disturbance. 2/5

3.

Whereas, the learned counsel for the respondents 4 to 6 submitted that he has already filed an application to set aside the ex parte decree in I.A.No.1 of 2023 and now, it is transferred to the newly constituted Court at the District Munsif Court, Sholinganallur. 4.

In such view of the matter, this Court is of the view that the police protection cannot be granted as a matter of right even assuming that the respondents 4 to 6 are trying to interfere with the possession. If the petitioners armed with the decree of injunction, they can very well enforce the same for any violation as per C.P.C.

5.

In view of the above, this Writ Petition is dismissed. No costs. 20.08.2025 Speaking order / Non-speaking order Index : Yes / No : Yes / No sri 3/5

To 1.The Commissioner of Police, No.132, EVK Sampath Road, Chennai.

2.The Inspector, Semmacheri Police Station, Sholinganallur, Chennai - 600 119.

3.The Sub Inspector, Semmacheri Police Station, Sholinganallur, Chennai - 600 119.

4/5

N.SATHISH KUMAR , J.

sri 20.08.2025 5/5