S.Matchagandhi v. The Superintendent Of Police (West),

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.08.2025 CORAM :

THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY S.Matchagandhi .. Petitioner

Versus

1. The Superintendent of Police (West), Office of the Superintendent of Police, Puducherry.

2. The Station House Officer, (Korkadu Out-Post Police Station), Mangalam Police Station, Karikalambakkam, Puducherry - 605 110.

3. Thanasekaran

4. Lakshmi .. Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, pleased to issue a Writ of Mandamus, directing the 2nd respondent to give adequate Police protection for the petitioner for the life and limb of the petitioner for doing plastering works in the wall as per Civil Court decree in O.S.No.1152 of 2020 by the I Additional District Munsif Court, Puducherry, dated 04.11.2022 by considering the representation, dated 07.04.2025. 1/5

For Petitioner : M/s.N.U.Pressanna For Respondents : Mr.M.V.Ramachandramurty, Additional Public Prosecutor, Asstd. by Mr.A.Alexander, Government Advocate (Pondicherry), for RR-1 and 2

ORDER

This Writ Petition is filed directing the second respondent to give adequate Police protection for the petitioner to carry out the plastering works on the wall as per the Civil Court decree in O.S.No.1152 of 2020 by the I Additional District Munsif Court, Puducherry, dated 04.11.2022.

2. When the matter is taken up for hearing, the learned Government Advocate (Crl. Side) would submit that the respondent Police has to verify whether any petition has been filed to set aside the ex parte decree or not.

3. When the very same dispute was brought before the Civil Court and the Civil Court has granted a decree in O.S.No.1152 of 2020 on 04.11.2022, so long as the decree remains in force and as and when a request is made, it is for the respondent Police to grant protection in terms 2/5

of the decree. A mere filing of the petition will not operate as the stay of the decree. Unless there is a stay of the decree or the decree itself is set aside, the decree has to be punctually obeyed and observed by everyone and it is the duty of the Police to give protection thereof. Therefore, let the petitioner carry out the plastering work on 20.08.2025 and on subsequent dates and let the respondent Police shall grant protection to the petitioner in respect of the same. Needless to mention that the work has to be carried out with due care not to unnecessarily spill the debris or other things and with minimum of disturbance to the neighbours.

4. Accordingly, this Writ Petition is disposed of. There shall be no order as to costs.

08.08.2025 : no grs To

1. The I Additional District Munsif Court, Puducherry.

2. The Superintendent of Police (West), Office of the Superintendent of Police, Puducherry.

3. The Station House Officer, 3/5

(Korkadu Out-Post Police Station), Mangalam Police Station, Karikalambakkam, Puducherry - 605 110.

4. The Public Prosecutor, High Court of Madras.

4/5

D.BHARATHA CHAKRAVARTHY, J., grs 08.08.2025 5/5