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Madras High CourtWP Crl./812/2025disposed of

A.Jayachandran v. The Commissioner Of Police,

2025-09-11Honourable Mr Justice N. Sathish Kumar6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.09.2025

CORAM:

THE HON'BLE MR.JUSTICE N.SATHISH KUMAR A.Jayachandran ... Petitioner Vs.

1.The Commissioner of Police, Avadi Police Commissionerate, Avadi, Chennai-600 054.

2.The Assistant Commissioner of Police, Avadi, Chennai-600 054.

3.The Inspector of Police (L & O), T-7, Tank Factory Police Station, Avadi, Thiruvallur District.

4.The Inspector of Police (Crime), T-7, Tank Factory Police Station, Avadi, Thiruvallur District.

5.N.Senthil Kumar ... Respondents Prayer: Petition filed under Article 226 of the Constitution of India, for issuance of a Writ of Mandamus, directing the respondents 1 to 4 herein not to conduct 'Kangaroo Court' and give protection to the petitioner to run his industry namely, M/s.Elsytec Controls Private Ltd., measuring at Survey

No.90, Pothur Village, Pothur-Red Hills Road, Chennai-600 052, measuring an extent of 25 cents, based on his complaints dated 23.04.2025, 18.07.2025 and 23.08.2025.

For Petitioner :

Mr.A.E.Ravichandran For Respondent :

Mr.R.Vinothraja, GA (Crl. Side) Nos.1 to 4

O R D E R

The present Writ Petition has been filed seeking a direction to the respondents 1 to 4 herein not to conduct 'Kangaroo Court' and give protection to the petitioner to run his industry namely, M/s.Elsytec Controls Private Ltd., measuring at Survey No.90, Pothur Village, Pothur-Red Hills Road, Chennai-600 052, measuring an extent of 25 cents, based on his complaints dated 23.04.2025, 18.07.2025 and 23.08.2025.

2. Heard the learned counsel for the petitioner as well as the learned Government Advocate (Crl. Side) appearing on behalf of the respondents 1 to 4.

3. The main grievance of the petitioner is that he is in possession of the property from the year 2006 and running a commercial business in it from 2007. The accused along with henchmen had trespassed into his property and is trying to take possession of the same. In this regard, a suit in

O.S.No.228 of 2019 was pending before the District Munsif, Ambattur. In the meanwhile, the petitioner's peaceful possession was disturbed by the fifth respondent along with henchmen and also with the help of the second and third respondents/Police Personnels. In this regard, he gave several representations dated 23.04.2025, 18.07.2025 and 23.08.2025 to the respondents but no action was taken. Hence, the present Writ Petition.

4. The learned counsel for the petitioner submitted that on the complaint given by the fifth respondent herein, the police without any enquiry, are interfering with the petitioner's peaceful possession and preventing him to enter his property where he is running his business. He further submitted that a civil suit is pending in this regard. He also submitted that the fifth respondent along with henchmen and with the help of police is trying to dispossess the petitioner from the subject property and hence, the petitioner has made several representations to the respondents 1 to 4 dated 23.04.2025, 18.07.2025 and 23.08.2025 but no action was taken by them. He submitted that he had video proofs for the trespass of the accused in the property and annexed the photographs of the trespass in the typed set of papers. Hence, the learned counsel prayed this Court to provide police protection to the petitioner.

5. The learned Government Advocate submitted that based on the complaint received by the police from the fifth respondent, they went to the petitioner's subject premises to enquire into the matter and not to take possession as stated by the petitioner. He further submitted that the police shall not interfere with the possession of the petitioner's property.

6. On a bare perusal of the case reveals that the case pertains to land dispute between the petitioner and the fifth respondent herein, which is of civil in nature. The parties shall adjudicate the matter before the Competent Civil Court and seek their remedy by establishing their right over the subject premises.

7. With the above observations and direction, the Writ Petition stands disposed of. There shall be no orders as to costs. 11.09.2025 Index:Yes/No NCC :Yes/No DP

To 1.The Commissioner of Police, Avadi Police Commissionerate, Avadi, Chennai-600 054.

2.The Assistant Commissioner of Police, Avadi, Chennai-600 054.

3.The Inspector of Police (L & O), T-7, Tank Factory Police Station, Avadi, Thiruvallur District.

4.The Inspector of Police (Crime), T-7, Tank Factory Police Station, Avadi, Thiruvallur District.

5.The Public Prosecutor, Madras High Court.

N.SATHISH KUMAR.J, DP 11.09.2025