Madras High CourtWP Crl./1305/2025disposed of

A.Shanthi v. District Collector

2025-11-11Honourable Mr Justice A.D.Jagadish Chandira8 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 11-11-2025

CORAM

THE HONOURABLE MR JUSTICE A.D.JAGADISH CHANDIRA W.P. (Crl) No. 1305 of 2025

1. Mrs. A. Shanthi,

2. Dr. Arunagiri Raja,

3. Dr. Sooriya Govindan Petitioner(s) Vs 1.The District Collector, Villupuram District, Villupuram.

2. The Inspector of Police, Valavanur Police Station, Villupuram

3. The Superintendent of Police, Villupuram District, Villupuram.

4.Tasildhar Villupuram District, Villupuram.

5. K. Dhanraj,

6. D. Gunavathy,

7. Gunanithi,

8. Sabarish,

9. Punithavathi,

10. K. Shanmugam,

11. Hendri @ Hariharan Respondent(s) Prayer: The Writ Petition is filed under Article 226 of Constitution of India, to issue a Writ of Mandamus or any other order in the form of direction to the second respondent police to give adequate security and police force as when

required to the petitioners for avoiding unwarranted law considering the representation dated 21.07.2025.

For Petitioner(s):

Ms. V. Archana For Respondent(s):

R. Vinothraja Government Advocate (Crl. Side)

ORDER

This writ petition has been filed to issue a Writ of Mandamus directing the second respondent police to give adequate security and police force as and when required to the petitioners for avoiding unwarranted law considering the representation dated 21.07.2025.

2. The case of the petitioner is that the petitioner's family was doing paddy cultivation in the lands belonging to them and also in the adjacent land on

lease. It is further case of the petitioners that the respondents 1 to 7, without any manner of legal right or possession, are attempting to disturb the agricultural operation and possession of the land belonging to the petitioners and strangers also appear in the cultivation land of the petitioners. Hence, the petitioners gave a representation to the respondents 2 and 3 seeking protection. However, no action has been taken in this regard. Hence, the present writ petition has been filed.

3. The learned Government Advocate (Crl. Side) would submit that there are civil disputes between the petitioners and the respondents 5 to 11. Based on the complaint given by the petitioners and rival complaint given by the respondents 5 and 6, an enquiry was conducted and CSR Nos. 1239, 1897 and 1910 were also registered. Further, the respondents 2 and 3 are not interfering in

the civil dispute pending between the petitioners and the respondents 6 to 11 and they have advised the petitioners to approach the Civil Court concerned for their remedy.

4.Having considered the facts and circumstances of the case and submissions made by the learned counsel for the petitioners and learned Government Advocate, (Crl. side) it comes to light that there are civil disputes between the petitioners and the respondents 5 to 11. Hence, the petitioners are directed to approach the Civil Court concerned. If at all there is any interference from third parties, the remedy lies only before the Civil Court not by filing a writ petition before this Court for police protection. In this regard, the Hon'ble Apex Court in the Judgment of "P.R. Muralidharan and others Vs. Swami Dharmananda Theertha Padar and others," reported in (2006) 4 SCC 501, has set out what are all the matters for which police protection can be

granted. For better appreciation, the relevant portion of the said Judgment is extracted as under:

"...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 unambiguous manner, and then too in furtherance of the decree or order."

5. In view of the above observations made by the Hon'ble Apex Court, this writ petition stands dismissed. No costs. Further, the petitioners are directed to approach the civil Court concerned for their appropriate remedy. 11-11-2025 Lbm Index:Yes/No

Speaking/Non-speaking order Internet:Yes A.D. JAGADISH CHANDIRA, J., Lbm To:

1.The District Collector, Villupuram District, Villupuram.

2. The Inspector of Police, Valavanur Police Station, Villupuram.

3. The Superintendent of Police, Villupuram District, Villupuram.

4.Tasildhar Villupuram District, Villupuram.

5. The Public Prosecutor, High Court of Madras.

W.P. (Crl) No. 1305 of 2025 11.11.2025