Sadasiva Prathap v. The Commissioner Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06-10-2025

CORAM

THE HONOURABLE MR JUSTICE N. SATHISH KUMAR

1. Sadasiva Prathap S/o.Sadasiva, H/O P.Bhuvaneswari age about 58 years, present residing at 11834, Aurelino Ln., Orlando, F1 32827 Duly Represented by their Power of Attorney C.N.SURESH, Male/aged about 49 years, S/o.Nagarajan, Charansingh Colony, 1st Street, Vadapalani, Chennai-600 026.

Petitioner(s) Vs

1. The Commissioner of Police Vepery, Chennai-600 008.

2.The Inspector of Police (Law and order) R-4, Pondy Bazaar Police Station, Chennai-600 017.

3.M.Sudha W/o.Madhavan, No.17/14, Throwpathy Amman Koil 1st Street, Velachery, Chennai-600 042.

4.S.Madhavan

S/o.Somusundaram, No.17/14, Throwpathy Amman Koil 1st street, Velacherry, Chennai-600 042.

Respondent(s) PRAYER : Criminal Original Petition filed under section 528 of BNSS to pass an order of direction directing the 2nd respondent not to harass by conducting Katta Panchayat and consequently give police protection to the Power of Attorney Agent of the Petitioners herein, Mr.C.N.Suresh for entering into the portion rented in the property at No.9, Sarathy Street, T.Nagar, Chennai-600 017 to inspect the said portion rented out by the respondents 3 and 4 in the said premises.

For Petitioner(s):

Mr.B.Tamilmaran For Respondent:

Mr.K.M.D.Muhilan, Additional Public Prosecutor - R1 & R2 Mr.S.Saranraj - R3 & R4

ORDER

This Criminal Original Petition has been filed seeking police protection to the power of attorney of the petitioners for entering into the portion rented in the property to inspect the said portion rented out by the respondents 3 and 4.

2. The entire allegations in the petition clearly indicate that there was landlord tenant dispute and the landlord claims that the premises has been let out for different purpose. However, the premiss has been used for some other purpose. At this stage, a Power of Attorney has been given to one C.N.Suresh. Therefore, the petitioners seek police protection.

3. This matter is arising out of the connected Writ Petition in W.P.No.794 of 2025 wherein under the pretext of Power of Attorney, the possession of the tenants sought to be disturbed and pursuant to the direction of this Court a First Information Report has also been registered against the persons, particularly the advocates, who were involved in such activity. Considering the above facts, as there is landlord tenant dispute between the parties, blanket protection cannot be granted.

4. Accordingly, this Criminal Original Petition is dismissed. 06-10-2025

Index:Yes/No Speaking/Non-speaking order Internet:Yes vrc To 1.The Commissioner of Police Vepery, Chennai-600 008.

2.The Inspector of Police (Law and order) R-4, Pondy Bazaar Police Station, Chennai-600 017.

3. The Public Prosecutor, High Court, Madras.

N.SATHISH KUMAR J.

vrc 06-10-2025