Minor. S. Satheesh v. The Superintendent Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 05-08-2025

CORAM

THE HONOURABLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY

1. Minor. S. Satheesh S/o.Saminathan

2. Minor Vaisnavi D/o.Saminathan Both Minors Rep. by through their Mother And guardian S.Vasanthi, W/o.Saminathan, No.708/3, Mela Street, Idayakurichy Post, Andimadam Taluk, Ariyalur District.

Appellant(s) Vs

1. The Superintendent of Police, Ariyalur District.

2.The Inspector of Police, Koovagam Police Station, Koovagam, Ariyalur District.

3.K.Saminathan S/o.Krishnamurthy, Mela Street, Idayakurichy, Andimadam Taluk, Ariyalur Disrict.

Respondent(s) PRAYER This Writ Petition (Criminal) is filed under Article 226 of Constitution of India, praying to issue a WRIR OF MANDAMUS or any other Writ to direct the 2nd respondent to provide adequate Police Protection against the threat of the 3rd respondent, his 1st wife and his mother to the life and limb of my minor two children and their property situate in Door No.708/3, Survey No.22/9, 122/10 and 122/12 situate at Idayakurichy Village, Aandimadam (Present) previously Udaiyarpalayam Taluk, Ariyalur District based on the petitioners representation dated 25-06-2025 and 01-07-2025 and pass such further or other order as this Court.

For Petitioner:

Mr.S.Selvaraj For Respondent:

Dr.C.E.Pratap, Government Advocate (Crl.Side) for R1 & R2

ORDER

This writ petition is filed to direct the second respondent to provide adequate police protection against the threat of the 3rd respondent, his first wife and his mother to the life and limb of the minor children who are the petitioners in the writ petition in respect of the property situated at Door No. 708/3, Survey Nos.122/9, 122/10 & 122/12, situated at Idayakurichy Village, Aandimadam (Present) previously Udaiyarpalayam Taluk, Ariyalur District, based on the

petitioners representation dated 25/6/2025.

2.Heard the learned counsel for the petitioner. 3.The learned counsel would submit that already the said property has been settled in the name of the minors. Therefore the 3rd respondent has no right, title, or interest whatsoever in interfering with the possession and enjoyment of the minors. The 3rd respondent and his wife are threatening and also giving out threats to cause harm to the life and limbs of the minor petitioners, and therefore the present criminal original petition.

4. I have considered the said submission. It can be seen that there is also an order that is passed by the District Munsif cum Judicial Magistrate, Sendurai, in Crl.MP.No.2730 of 2021 in DVC.No.8 of 2021; thereby, final orders were passed awarding maintenance to the minor children. In that background, if it is the case of the petitioner that the petitioners alone are entitled to the property and the 3rd respondent is interfering in the same, it is for them to approach the appropriate Civil Court, and if only the Civil Court grants any interim order, on the lines of the interim order, the police can grant protection.

5. Therefore, keeping open the liberty of the petitioners to approach the competent civil court, it is said that they have already filed a suit in O.S. No. 135 of 2020 and if any interim order/final decree is granted in the said suit, thereupon an application being made, protection can be given by the police. Accordingly, this criminal repetition is disposed of. No costs. 05-08-2025 jrs Index:Yes Speaking order Internet:Yes

To 1.The Superintendent of Police, Ariyalur District.

2.The Inspector of Police, Koovagam Police Station, Koovagam, Ariyalur District.

3.The Public Prosecutor, High Court, Madras.

D.BHARATHA CHAKRAVARTHY J.

jrs 05-08-2025