S.Vasu v. The Superintendent Of Police (South)

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18-08-2025

CORAM

THE HONOURABLE MR JUSTICE N. SATHISH KUMAR

1. S.Vasu S/o. Subramaniyan, No.10, Mariyamman Koil Street, Kandhanpet, Pudhucherry 607402.

Appellant(s) Vs

1. The Superintendent of Police (south) Ariyankuppam Police Complex, Puducherry - 605007.

2.The Inspector of Police, H-2, Kirumambakkam police Station, Kirumambakkam, Puducherry.

3.Karthick S/o. Munnadiyan, Mariyamman Koil St, Kandhanpet, Pudhucherry - 607402.

Respondent(s) PRAYER : Writ Petition filed under Article 227 of Constitution of India to issue a Writ or order or orders or direction, particularly in the nature of Writ of Mandamus the first and Second respondent to grant police protection to the petitioner family peacefully to construct a house and to live in their house at

No.10, Mariyamman Koil Street, Kandhanpet, Pudhucherry - 607402 considering the petitioner Representation dated 04.04.2025 and 14.07.2025 to secure ends of justice.

For Appellant(s):

K.Francis A.Ramesh For Respondents:

Mr.K.S.Mohandass Public Prosecutor - R1 & R2

ORDER

This Writ Petition has been filed to direct the first and Second respondents to grant police protection to the petitioner family peacefully to construct a house and to live in their house at No.10, Mariyamman Koil Street, Kandhanpet, Pudhucherry - 607402 considering the petitioner Representations dated 04.04.2025 and 14.07.2025.

2. The case of the petitioner is that the subject property has been settled in favour of the mother of the petitioner and they are in enjoyment of the property. While so, his adjacent owneer Mr.Karthikeyan had encroached their

property and he is not allowing the petitioner to construct the house in their property. Hence, the present Writ Petition.

3. The learned Public Prosecutor appearing for the first and second respondents on instructions submitted that as the dispute between the parties is civil in nature, police protection cannot be given and hence, prayed for dismissal of this Writ Petition.

4. At the outset, this Court is of the view, such a protection cannot be granted particularly, when there is rival claim by the other side. The practice of granting blanket police protection particularly, in respect of immovable property without establishing title leads to serious consequences. In this aspect, the Hon'ble Apex Court in the case of ''PR.Muralidharan and others Vs.Swami Dharmananda Theertha 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.'' Even as per the submissions of the learned counsel for the petitioner, there is a civil dispute between the parties. In such view of the matter, there shall not be any blanket Order for police protection.

5. Accordingly, this Criminal Original Petition is dismissed. 18-08-2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes vrc To 1.The Superintendent of Police (south) Ariyankuppam Police Complex, Puducherry - 605007.

2.The Inspector of Police, H-2, Kirumambakkam police Station, Kirumambakkam, Puducherry.

N.SATHISH KUMAR J.

vrc 18-08-2025