Murthy v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.08.2025

CORAM:

THE HON'BLE MR.JUSTICE N. SATHISH KUMAR Murthy ... Petitioner Vs.

1. The District Collector, O/o. District Collector, Erode - 638 011.

2. The Revenue Divisional Officer, O/o. Revenue Divisional Officer, Gobichettipalayam - 638 452.

3. The Superintendent of Police, Erode District, Erode.

4. The Tahsildar, O/o. Tahsildar Gobichettipalayam - 638 452.

5. The Inspector of Police, Gobichettipalayam Police Station, Erode - 638 452.

6. Deivanai ... 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 fifth respondent Police to dispose the petitioner's representation online complaint vide reference 1/5

No.HDM24311072 dated 09.07.2024 and grant protection of petitioner's occupied 1.5 cents land with hut situated at Muthukalimadai Village, Vellapalayam Post, Gobi Taluk, Erode District. For Petitioner : Mr.M.Saravanakumar For R1 to R5 : Mr.K.M.D.Muhilan Additional Public Prosecutor For R6 : Mr.M.Gnanasekar

O R D E R

This Writ Petition has been filed seeking a direction to the fifth respondent to consider the petitioner's complaint and to grant him police protection.

2.

Heard both sides and perused the materials available on record. 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 2/5

Padar'' reported in (2006) 4 SCC has held as follows: ''...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 unambigous manner, and then too in furtherance of the decree or order.''

4. In view of the above, since the suit in O.S.No.6 of 2025 is pending before the District Munsif Court, Gobichettipalayam, there shall not be any blanket Order for police protection and the petitioner can very well work out his remedy before the Civil Court. 5.

Accordingly, this Writ Petition stands dismissed. No costs. .

22.08.2025 ham Index:Yes/No Speaking/Non-speaking order Internet:Yes 3/5

To

1. The District Collector, O/o. District Collector, Erode - 638 011.

2. The Revenue Divisional Officer, O/o. Revenue Divisional Officer, Gobichettipalayam - 638 452.

3. The Superintendent of Police, Erode District, Erode.

4. The Tahsildar, O/o. Tahsildar Gobichettipalayam - 638 452.

5. The Inspector of Police, Gobichettipalayam Police Station, Erode - 638 452.

6. The Public Prosecutor, High Court of Madras.

4/5

N. SATHISH KUMAR , J.

ham 22.08.2025 5/5