A.Dhana Eswari v. The Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 07.04.2025

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN W.P.No.12374 of 2025 A.Dhana Eswari ... Petitioner Vs.

1. The Superintendent of Police, O/o. Superintendent of Police, Namakkal District.

2. The State Rep. by The Inspector of Police, Senthamangalam Police Station, Namakkal District.

..Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, praying for the issuance of Writ of Mandamus directing the respondents to give police protection to the petitioner to enter into her house situated at Old No.54F, New Door No.117, Sedar Street, Senthamangalam, Namakkal District an extent of 1295 1/4 Sq.Ft., based on the representation dated 14.02.2022, 27.09.2023 and 03.05.2024 made by the petitioner.

For Petitioner : Mr.P.Tamilavel For Respondents : Mr.R.Vinothraja, Government Advocate (crl.side).

O R D E R

This petition has been filed seeking a direction to the respondents to provide police protection to the petitioner to enable her to enter her house situated at Old No. 54F, New Door No. 117, Sedar Street, Senthamangalam, Namakkal District, measuring an extent of 12951⁄4 sq.ft., based on the representations dated 14.02.2022, 27.09.2023, and 03.05.2024 made by the petitioner.

2. The case of the prosecution is that the petitioner is the owner of land measuring 1295 1⁄4 sq. ft. at Senthamangalam, inherited through a settlement deed from her late mother. After her mother's death on 02.04.2011, one Selvam, a relative and adjacent landowner, began unlawfully interfering with the petitioner's property, falsely claiming an oral agreement of sale. Therefore, the petitioner filed a suit in O.S. No. 248 of 2013 before the District Munsif, Namakal, for permanent

injunction, which was decreed in her favour on 01.08.2019. The said Selvam's suit in O.S. No. 217 of 2013 before the learned Sub Court, Namakkal, for specific performance was dismissed on 12.02.2019, and his appeal in A.S. No. 57 of 2019 before the Sub Court, Namakakal was also dismissed on 23.12.2023. Despite these Court rulings, the said Selvam continued to issue threats and obstruct the petitioner from entering her property. Therefore, representations were made by the petitioner on 14.02.2022, 27.09.2023, and 03.05.2024, however, no police action was taken. Hence, this petition.

3. Heard both sides and perused the material available on record.

4. Considering the facts and circumstances of the case, this Court is of the view that police protection can only be granted to safeguard the life and limb of a person. If there is any obstacle or objection with respect to the petitioner entering her house, the petitioner may approach the Civil Court for appropriate relief. That apart, the petitioner has already obtained a civil decree in her favour, and if there is any violation of the said decree, it is open to her to initiate execution proceedings

before the Competent Court.

5. Accordingly, this Writ Petition stands dismissed. No costs. 07.04.2025 Speaking/non-speaking order Index: Yes/No Internet: Yes/No shk To 1.District Munsif, Namakal

2. The Superintendent of Police, O/o. Superintendent of Police, Namakkal District.

3. The Inspector of Police, Senthamangalam Police Station, Namakkal District.

4.Public Prosecutor, Madras High Court.

G.K.ILANTHIRAIYAN, J.

shk

W.P.No.12374 of 2025 07.04.2025