G.Kamatchi v. The Commissioner Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 14.08.2025

CORAM:

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

1. The Commissioner of Police, Greater Chennai Police, E.V.K. Sampath Road, Vepery, Chennai - 600 007.

2. The Inspector of Police, J-8, Neelankarai Police Station, Neelankarai, Chennai - 600 115.

3. M.Kavitha ... Respondents PRAYER : Writ Petition (Criminal) is filed under Article 226 of Constitution of India, to issue a Writ of Mandamus, directing respondents 1 and 2 to provide police protection, adequate safety and security to the life of the petitioner to enter into the vacant house site of an extent of 909 Sq.ft comprised in the larger extent in Old Survey No.85 (Part), New Survey No.85/6 in Natham Patta No.462 situated in Neelankarai Village, Sholinganallur Taluk, Chennai.

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For Petitioner : Mr.S.Sathia Chandran For R1 & R2 : Mr.R.Vinothraja Government Advocate (Criminal Side)

O R D E R

This Writ Petition (Criminal) has been filed seeking to direct respondents 1 and 2 to provide police protection to enter into the vacant house site situated in Neelankarai Village, Sholinganallur Taluk, Chennai.

2. Heard both sides.

3. It is the contention of the learned counsel appearing for the petitioner that he had purchased a property measuring 909 Sq.ft comprised in the larger extent of Old Survey No.85 (Part), New Survey No.85/6 in Natham Patta No.462, situated in Neelankarai Village, Sholinganallur Taluk, Chennai, from the third respondent. When the petitioner went to visit the property, the husband of the third respondent prevented her, abused and made a threat. Hence, the present petition has been filed.

4. Mr.S.Annamalai, learned counsel appeared for the party proposed to be impleaded, submitted that the property is joint family property and 2/4

that, after fabrication of the patta, it was sold in favour of the petitioner. Therefore, he has already filed a civil suit in O.S.No.302 of 2025, which is pending on the file of the II Additional District Court, Chengalpattu.

5. Be that as it may, the suit was filed in the year 2025 and even assuming that the patta appears to be fabricated, the share of the third respondent has already been transferred in favour of the petitioner. In such view of the matter, the petitioner has rights over the property, however, since the suit has already been filed, the petitioner is directed to workout his remedy before the civil Court.

6. Accordingly, the Writ Petition (Criminal) is dismissed. No costs. 14.08.2025 ham To

1. The Commissioner of Police, Greater Chennai Police, E.V.K. Sampath Road, Vepery, Chennai - 600 007.

2. The Inspector of Police, J-8, Neelankarai Police Station, Chennai - 600 115.

3. The Public Prosecutor, High Court of Madras. 3/4

N. SATHISH KUMAR , J.

ham 14.08.2025 4/4