S.S.Engineering Works v. The Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 01.09.2025

CORAM:

THE HONOURABLE MR. JUSTICE N. SATHISH KUMAR W.P.Crl.No.17340 of 2025 M/s.S.S.Engineering Works Rep by its Proprietor R.Sampath Kumar No.5/229-B, Kovai Road, Kariyampalayam Post Annur, Coimbatore District ... Petitioner

Versus

1.The Superintendent of Police Coimbatore Rural, Coimbatore 2.The Inspector of Police Annur Police Station, Annur, Coimbatore District 3.S.Hemalatha .. Respondents PRAYER: Writ Petition is filed under Article 226 of Constitution of India, pleased to issue a Writ of Mandamus, directing the respondents 1 and 2 to provide necessary police protection to the petitioner's company namely M/s.S.S.Engineering Works, situated at No.5/229-B, Kovai Road, Kariyampalayam Post, Annur, Coimbatore Districton the basis of the petitioner's representation dated 21.11.2024. For Petitioner : Mr.D.Krishnamoorthy For Respondents : Mr.K.M.D.Muhilan for R1 & R2 Additional Public Prosecutor

ORDER

The writ petition has been filed seeking to direct the respondents 1 and 2 to provide necessary police protection to the petitioner's company namely M/s.S.S.Engineering Works, situated at No.5/229-B, Kovai Road, Kariyampalayam Post, Annur, Coimbatore Districton the basis of the petitioner's representation dated 21.11.2024.

2. It is the case of the petitioner that the petitioner and the third respondent married on 14.04.2005 and now, divorce petition is filed and the same is pending. The third respondent entering the petitioner's company and using filthy languages and stopping the work. Hence, seeks for police protection.

3. Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor and perused the materials placed on record.

4. At the outset, this Court is unable to countenance the submission of the learned counsel for the petitioner. If someone illegally trespasses into the petitioner's property, it is for the petitioner to approach the civil court for permanent injunction. A blanket order of police protection cannot be granted.

In this regard, the Hon'ble Apex Court in the judgment of P.R.Muralidharan and others Vs. Swami Dharmananda Theertha Padar and others reported in (2006) 4 SCC 501 has held that what are all the matters for which police protection can be granted. For better appreciation, the relevant portion of the judgment is extracted below:

"...19. A writ for "police protection" so-called, has 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 unambiguous manner, and then too in furtherance of the decree or order."

5. In view of the above, this writ petition stands dismissed. No costs. It is needless to state in any event, if there is any immediate threat, disturbance, interference in running the petitioner's company or any trespass into the property, it is well open to petitioner to file a complaint and the police can very well act on such complaints.

01.09.2025 dhk Index :Yes/No N. SATHISH KUMAR, J.

dhk

To 1.The Superintendent of Police Coimbatore Rural, Coimbatore 2.The Inspector of Police Annur Police Station, Annur, Coimbatore District W.P.Crl.No.17340 of 2025 01.09.2025