Dr.C.S.Krishnan v. The Commissioner Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 01.09.2025

CORAM:

THE HONOURABLE MR. JUSTICE N. SATHISH KUMAR C.S.Krishnan ... Petitioner

Versus

1.The Commissioner of Police Office of the Commissioner of Police Chennai City No.132, EVK Sampath Road, Vepery Chennai City, Chennai - 600 007 2.The Inspector of Police G7, Chetpet Police Station Chennai - 600 031 3.V.Elango .. Respondents PRAYER: Writ Petition is filed under Article 226 of Constitution of India, pleased to issue a Writ of Mandamus, directing the 2nd respondent to provide adequate police protection for Survey and Fencing the petitioner's land comprised in Survey No.359/16 as per patta Survey No:359/48 part to an extent of 2920 Sqft, block No:21, Egmore Revenue Village, EgmoreNungambakkam Taluk, Chennai District based on the representation dated 16.08.2024 For Petitioner : Mr.P.Ponbalaji For Respondents : Mr.K.M.D.Muhilan for R1 & R2 Additional Public Prosecutor Mr.B.Arvind Srevatsa for R3

ORDER

The writ petition has been filed directing the 2nd respondent to provide adequate police protection for survey and fencing the petitioner's land comprised in Survey No.359/16 as per patta Survey No:359/48 part to an extent of 2920 sqft, Block No:21, Egmore Revenue Village, EgmoreNungambakkam Taluk, Chennai District based on the representation dated 16.08.2024 .

2. It is the contention of the learned counsel for the petitioner that the 3rd respondent is not letting the petitioner to survey the lands. Hence, seeks police protection.

3. Heard both sides and perused the materials placed on record.

4. At the out set, this Court is unable to countenance the submission of the learned counsel for the petitioner. If at all the petitioner has any dispute with regard to measurement and survey of the land, the proper course is to approach Civil Court by making the respondents as a necessary party or to appoint an Advocate Commissioner, without resorting the same, as a blanket order 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. 01.09.2025 dhk Index :Yes/No Internet:Yes/No N. SATHISH KUMAR, J.

dhk

To 1.The Commissioner of Police Office of the Commissioner of Police Chennai City No.132, EVK Sampath Road, Vepery Chennai City, Chennai - 600 007 2.The Inspector of Police G7, Chetpet Police Station Chennai - 600 031 01.09.2025