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Madras High CourtWP Crl./619/2025dismissed

C.Venkadesh v. The Superintendent Of Police,

2025-08-20Honourable Mr Justice N. Sathish Kumar4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20.08.2025

CORAM:

THE HON'BLE MR.JUSTICE N. SATHISH KUMAR C.Venkadesh ... Petitioner Vs.

1. The Superintendent of Police, Krishnagiri, Krishnagiri District.

2. The Inspector of Police, Uddanapalli Police Station, Krishnagiri District.

... Respondents PRAYER : Writ Petition (Criminal) is filed under Article 226 of Constitution of India, to issue a Writ of Mandamus or may other appropriate writ order or direction in the nature of writ, to direct the second respondent Police to take appropriate actions on the petitioner's representation dated 10.12.2024.

For Petitioner : Mr.D.Arun For Respondents : Mr.K.M.D.Muhilan Additional Public Prosecutor

O R D E R

This Writ Petition has been filed seeking a direction to the second respondents to consider the petitioner's representation dated 10.12.2024 and to take appropriate action.

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2. Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the respondents.

3. It is the contention of the learned counsel appearing for the petitioner that due to a civil dispute, the accused trespassed into the petitioner's land and removed the boundary stones. When the petitioner questioned the same, the accused threatened and assaulted him. Consequently, the petitioner lodged a complaint before the second respondent Police, for which, a CSR receipt was issued. However, there was no progress thereafter. The petitioner also sent representations to the respondents regarding same, but since no action was taken, the present petition has been filed.

4. At the outset, this Court is of the view, such direction cannot be granted, particularly when there is a rival claim by the other side. The practice of granting blanket police protection, especially in respect of immovable property without establishing title, leads to serious consequences. In this aspect, the Hon'ble Apex Court in ''PR.Muralidharan and others Vs. Swami Dharmananda Theertha Padar'' reported in (2006) 4 SCC has held as follows: 2/4

''...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.''

5. In view of the above, there shall not be any blanket Order for police protection and the petitioner can very well work out his remedy in accordance with law.

6. Accordingly, this Writ Petition (Criminal) stands dismissed. No costs.

20.08.2025 ham To

1. The Superintendent of Police, Krishnagiri, Krishnagiri District.

2. The Inspector of Police, Uddanapalli Police Station, Krishnagiri District.

3. The Public Prosecutor, High Court of Madras.

N. SATHISH KUMAR , J.

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