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Madras High CourtWP Crl./712/2025disposed of

K.Jayaraman v. The State Rep By Inspector Of Police

2025-09-25Honourable Mr Justice N. Sathish Kumar5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 25.09.2025

CORAM

THE HONOURABLE MR.JUSTICE N. SATHISH KUMAR K.Jayaraman ... Petitioner Vs.

1. The State rep by Inspector of Police Sholavaram Police Station, Chennai.

2.Velu @ Velusamy 3.Soundari 4.Panchanadhan 5.Padmini ... Respondents Prayer: Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Mandamus, directing the 1st respondent to provide necessary police protection to fence the petitioner's property in Plot Nos.20 and 21 in approved layout No. Sanction DTP 111/75 in new survey No.138/1B, Patta No.427 of an extent of 7650 sq.ft in Attanthangal Village, Ponneri Taluk.

For Petitioner : Mr.J.Franklin 1/5

For Respondents : Mr.K.M.D.Muhilan Additional Public Prosecutor for R1 Mr.S.Parthasarathy for R2 to R5

O R D E R

This Writ Petition has been filed seeking for issuance of Writ of Mandamus to direct the first respondent to provide necessary Police protection to fence the petitioner's property situate in Plot Nos.20 and 21 in approved layout No. Sanction DTP 111/75 in New Survey No.138/1B, Patta No.427 of an extent of 7650 sq.ft of Attanthangal Village, Ponneri Taluk.

2. According to the petitioner, his predecessor-in-title (Rajendran Prabhu) is the decree holder of the subject property and the said property had also been delivered in E.P.No.36 of 2014 on 13.10.2023. The petitioner herein is the subsequent purchaser of the said property by way of registered sale deed dated 27.10.2023. Now, the grievance of the petitioner is that when the petitioner tried to fence the property, respondents 2 to 5 have objected the same and also threatened the petitioner. Hence, the present petition seeking Police protection. 2/5

3. Learned counsel for the petitioner submitted that prior to purchase of the subject property by the petitioner, the said property has been encroached upon by the private respondents herein and that the said Rajendran Prabhu filed a suit in O.S.No.415 of 2008 before the District Munsif, Ponneri and obtained decree in his favour and delivery was effected in favour of the said Rajendran Prabhu in E.P.No.36 of 2014 dated 13.10.2023. As against the judgment and decree, the judgment debtors filed C.R.P.No.3212 of 2023 before this Court, which came to be dismissed on 13.10.2023, which had reached finality.

4. In such view of the matter, this Court is of the view that having suffered decree, it is for the private respondents to challenge the decree in the manner known to law and they cannot take the law into their own hands. Therefore, whenever an objection is raised or if a tresspass is made by the private respondents herein or any other third parties in 3/5

respect of the subject property, on the complaint made by the petitioner, the Police can give necessary police protection.

5. With the above directions, this Writ Petition is disposed of. There shall be no order as to costs.

25.09.2025 Index : Yes/No Speaking Order : Yes/No ms To 1.

The Inspector of Police, Sholavaram Police Station, Chennai.

2.

The Public Prosecutor, High Court, Madras.

4/5

N. SATHISH KUMAR, J., ms 25.09.2025 5/5