Krishnamoorthy v. Tahsildar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 17-09-2025

CORAM

THE HONOURABLE MR JUSTICE N. SATHISH KUMAR

1. Krishnamoorthy S/o. Ramar, Door No.411, East Street, Karukkai, Semmedu Post, Panrutti Taluk, Cuddalore District.

Appellant(s) Vs

1. Tahsildar Tahsildar office, Panrutti.

2.The Inspector of Police, Kadampuliyur Police Station, Cuddalore District.

3.Rukku, W/o. Dhakshnamoorthy, 4.Chandrasekara, W/o. Sangu, 5.Salba W/o. Sivakumar, 1/5

Respondent(s) PRAYER This writ petition has been filed under Article 226 of the Constitution of India to issue a writ of Mandamus directing the respondents to provide police protection for surveying the petitioners land in old survey no.214/6 and New Survey No.119/7,Karukkai Village, Kadampuliyur, Cuddalore District. For Petitioner Mr. P.K.Harinath Babu For Respondent:

Mr. R.Vinothraja, Govt. Advocate (crl.side) for R1 and R2

ORDER

This Writ Petition has been filed to direct the respondents 1 and 2 to grant police protection to survey the land of the petitioner as per the representation of the petitioner dated 17.03.2025.

2. Heard the learned counsel appearing for the petitioner and the learned Government Advocate appearing for the respondents 1 and 2 and perused the materials available on record.

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3. At the outset, this Court is of the view, such a protection cannot be granted particularly, when there is rival claim by the other side. The practice of granting blanket police protection particularly, in respect of immovable property without establishing title leads to serious consequences. In this aspect, the Hon'ble Apex Court in the case of ''PR.Muralidharan and others Vs.Swami Dharmananda Theertha Padar'' reported in 2006 4 SCC as held as follows: ''...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.'' Even as per the submissions of the learned counsel for the petitioner, there is a civil dispute between the parties and it is an admitted fact that already a suit in O.S.No.194 of 2017 is pending before the Munsif Court, Panrutti. In such view of the matter, there shall not be any blanket Order for police protection.

4. Accordingly, this Writ Petition(Criminal) is dismissed. Let the petitioner file necessary application before the concerned Civil Court seeking survey of the land.

17-09-2025 mrp To 1.Tahsildar Tahsildar office, Panrutti.

2.The Inspector of Police, Kadampuliyur Police Station, Cuddalore District.

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N.SATHISH KUMAR J.

mrp 17-09-2025 5/5