Madras High CourtWP Crl./1045/2025dismissed

B.Ganesh v. The Superintendent Of Police

2025-10-13Honourable Mr Justice N. Sathish Kumar4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 13.10.2025

CORAM:

THE HONOURABLE MR. JUSTICE N. SATHISH KUMAR B.Ganesh ... Petitioner

Versus

1. The Superintendent of Police Office of the Superintendent of Police Thiruvallur - 602 021

2. The Deputy Superintendent of Police Office of the Deputy Superintendent of Police Thiruvallur 3.The Inspector of Police Periyapalayam Police Station Thiruvallur - 601 102 4.K.Saravanan 5.M.Babu 6.B.Balaji .. Respondents PRAYER: Writ Petition is filed under Article 226 of Constitution of India, pleased to issue a Writ of Mandamus, directing the respondents 1 to 3 to consider and dispose of the petitioner's representation dated 02.09.2025 and consequently, direct the respondents 1 to 3 ensure to protect the petitioner and his family members from the respondents 4 to 6. For Petitioner : Mr.S.Saranraj

For Respondents : Mr.K.M.D.Muhilan for R1 to R3

ORDER

Captioned writ petition has been filed seeking police protection for the petitioner and his family members from the respondents 4 to 6.

2. Learned counsel for the petitioner submitted that the petitioner has already obtained a decree of permanent injunction, however, the respondents 4 and 5 is still interfering with the possession. Hence, the petition.

3. Learned Additional Public Prosecutor, on instructions, submitted that the petitioner has already sold the property to one Magesh, on his complaint, the police have registered FIR in Cr.No.250 of 2025 under Sections 191(1), 329(3), 115(2), 308(2) and 351(2) of BNS, 2023 on the file of the Periyapalayam Police Station, Tiruvallur. He also brought to the notice of this Court that one Magesh has also filed a writ petition in WP.(Crl).No.826 of 2025 for police protection against criminal trespassing and the same is disposed of on 16.09.2025.

3. Heard the learned counsel for the petitioner and the learned

Additional Public Prosecutor and perused the materials placed on record.

4. A perusal of the affidavit itself would indicate that the petitioner has already sold the property to Mr.Magesh on 17.07.2025. Such view of the matter, this Court is of the view that when the petitioner himself has admitted that he has sold the property to one Mr.Magesh, this petition filed by the petitioner seeking police protection without any locus itself is nothing but clear abuse of process of law and accordingly, I do not find any merits in this petition and the captioned petition stands dismissed. No costs. 13.10.2025 dhk Index :Yes/No Internet:Yes/No To

1. The Superintendent of Police Office of the Superintendent of Police Thiruvallur - 602 021 N.SATHISH KUMAR, J.

dhk

2. The Deputy Superintendent of Police Office of the Deputy Superintendent of Police Thiruvallur 3.The Inspector of Police Periyapalayam Police Station Thiruvallur - 601 102

4. The Public Prosecutor Madras High Court.

13.10.2025