V.Karthick 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 and WMP.No.26256 of 2024 1.V.Karthick 2.S.Sinduja ... Petitioners

Versus

1. The Superintendent of Police, Tiruppur District

2. The Deputy Superintendent of Police, Palladam Police Station, Palladam - 641 664 Tiruppur District

3. The Inspector of Police Mangalam Police Station Tiruppur District 4.Varadharaj .. Respondents PRAYER: Writ Petition is filed under Article 226 of Constitution of India, pleased to issue a Writ of Mandamus, directing the respondents 1 to 3 to give protection to the petitioners' from the 4th respondent and his second wife who are forbearing us from peacefully enter, plant and cultivate the coconuts from the above lands For Petitioner : Mr.J.Chandran Sundar Sashikumar

for Mr.P.Eswaran For Respondents : Mr.K.M.D.Muhilan for R1 to R3 Additional Public Prosecutor

ORDER

WMP.No.26256 of 2024 has been filed to permit the petitioners to file a single writ petition. This petition is ordered.

2. The writ petition has been filed seeking to direct the respondents 1 to 3 to give protection to the petitioners' from the 4th respondent and his second wife who are forbearing us from peacefully enter, plant and cultivate the coconuts from the above lands. Hence, seeks police protection.

3. At the outset, this Court is unable to countenance the submission of the learned counsel for the petitioner. If at all there is any interference from third parties, the remedy lies only before the Civil Court not by filing a writ petition before this Court for police protection. 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."

4. In view of the above, this writ petition stands dismissed. No costs. 01.09.2025 dhk Index :Yes/No Internet:Yes/No To

1. The Superintendent of Police, Tiruppur District

2. The Deputy Superintendent of Police, Palladam Police Station, Palladam - 641 664 Tiruppur District

3. The Inspector of Police Mangalam Police Station Tiruppur District N. SATHISH KUMAR, J.

dhk 01.09.2025