Rajavel Ganapathy v. The State Rep By The Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 06-01-2026
CORAM
THE HONOURABLE MR JUSTICE A.D.JAGADISH CHANDIRA
1. Rajavel Ganapathy S/O. Ganapathy, No.24828 SE 20th Court Sammamish, Washington, 98075-6050 USA.
Petitioner(s) Vs
1. The State rep by The Inspector of Police J8- Neelankarai Police Station, Chennai-600041.
2.Jaganath. R S/o. Ragavan, No.10/1, Somasundaram Street, T. Nagar, Chennai-600017.
Respondent(s) PRAYER This petition has been filed under Article 226 of the Constitution of India to direct the 1st respondent to provide adequate police protection to the property situated in New Survey No.18/3A2, No.1/363, ECR Road, Injambakkam, Chennai-600115, measuring an extent of 55.6 cents . For Petitioner(s):
Mr.Abudukumar Rajaratnam, Sr.Advocate assisted by Mr.S.Ashok Kumar For Respondent(s):
Mr.K.M.D.Muhilan, Addl.P.P for R1
Mr.J.Suresh for R2
ORDER
This petition has been filed to direct the 1st respondent to provide adequate police protection to the property of the petitioner situated in New Survey No.18/3A2, No.1/363, ECR Road, Injambakkam, Chennai-600115, measuring an extent of 55.6 cents.
2.This Court, after hearing Mr.Mr.Abudukumar Rajaratnam, learned Senior Counsel appearing for the petitioner, vide order dated 11.12.2025, passed the following order:
"This court, after hearing Mr.Abudukumar Rajaratnam, learned Senior Counsel appearing for the petitioner, by order dated 02.12.2025, was pleased to pass the following order:- The learned counsel for the petitioner submitted that the petitioner is a citizen of the United States of America and holds an Overseas Citizen of India (OCI) card. The petitioner owns the property situated at No.1/363, ECR Road, Injambakkam, Chennai - 600 115, measuring an extent of 55.6 cents in New Survey No.18/3A2, which was purchased from one Antony Raj through a registered Sale Deed dated 20.01.1979. The petitioner has been holding peaceful possession of the subject property from 1979 to till date, for the past 46 years and all the revenue records stand in his name. While so, one Jaganath, the second respondent, who is a real estate agent, had approached him for purchase of the property. Since the offer did not suit the petitioner, he
refused to sell the property to him. However, taking advantage of the position that the petitioner is in the United States of America, the second respondent had continued to create problem to the petitioner and he had also filed a false case against him, based on which, a case in Crime No.215 of 2024 has been registered before the CCB. Later, finding that no case is made out, the CCB had closed the case and further action had been dropped. Final report has also been filed before the Court concerned. While so, after the closure of the criminal complaint, the second respondent, with the aid an advocate by name Karthick, has created problems. The petitioner had sent an online complaint to the respondent on 11.10.
2025 stating that the second respondent and his advocate are attempting to grab the property by putting the petitioner to continuous threat and harassment. Though there is no case pending against the petitioner, the second respondent has trespassed and painted the wall with the Advocate's name and mobile number stating that the property is under litigation and as if the case in Crime No.215 of 2024 is pending. The second respondent and his advocates are trying to create hindrance and are putting pressure to sell the property by way of distress. 2. A perusal of the photographs filed along with the typed set shows that the name of Karthik, Advocate and his mobile number have been displayed at the site. The habit of advocates displaying their names in disputed places is highly deprecatory.
Hence, Registry is directed to verify the details of the said Advocate Mr.Karthik, (Mobile no.99624 607477). 3. Post the matter on 11.12.2025 ." 2. This court, by the aforesaid order, directed the Registry to identify the details of the Advocate by name Karthik with Mobile No.99624 60747. In compliance with the said order, a report has been filed by the Registry.
2. This Court, by the aforesaid order, directed the Registry to identify the details of the Advocate by name Karthik with Mobile No.99624 60747. In compliance with the said order, a report has been filed by the Registry.
3. Today, one Mr.Karthikeyan, who has been cited in Sl.No.1 in Notification No.3 of 2024 of the Bar Council of Tamil Nadu and Puducherry dated 28.02.2024, appeared before this Court and filed an affidavit of apology. The affidavit of apology is extracted hereunder:- "1.Mr.A.Karthikeyan S/o.Arumugam, Aged about 9 years, residing at No.4/24 Kakkan Street, Neelankarai, Chennai-600 041 do hereby solemnly affirm and sincerely state as follows:
1. I state that I had completed Law Degree in Government Law College and enrolled as advocate on the year of 2008. I am a regularly practicing as advocate from the date of enrolment and I appeared in various civil cases before the Honourable District Munsif Court at Alandur. Honble Chengalpattu court, Honble Tambaram Court and Honble High Court at Chennai for the past 17 years without any allegation from the clients or complaint from the Honble Judges or Court staffs.
2. I state that I have no knowledge about the issues between the petitioner Rajavel Ganapathy and 2nd respondent Jaganath.R.
3. I state that I did not authorize 2nd respondent to write my name in the wall or board later I came to know that Mr.Radhakrishnan @ Radha Advocate, Egmore (98401 81139) had given my name to write in the wall as I belongs to the same area where the property is situated.
4. I state that on verification with Mr.Radhakrishnan @ Radha Advocate, Egmore I was informed that there was civil dispute between land owner and his client 2nd respondent Jaganath. R.
5. I have no wrongful intention and as he was known to me for the past several years I had given consent to write my name. My name is A.Karthikeyan and it was written as A.Karthick as usually called by the above said advocate.
6.I am tendering my unconditional apology before this Hon'ble Court for giving consent to Mr.Radhakrishnan @ Radha Advocate, Egmore to write my name by his client 2nd respondent Jaganath.R in the wall belongs to the
petitioner.
7.I pray this Hon'ble Court to accept my unconditional apology and in future I will not repeat the said mistake.
8. I further state that I have never visited the disputed property nor participated in any activity relating to the dispute and I have not received any monetary or professional benefit directly or indirectly from the 2nd respondent or any third person. On the information received from the Police I had instructed the said advocate Mr.Radhakrishnan @ Radha Advocate, Egmore to erase the name in the wall immediately as there was no response I had erased the name from the wall.
9. I assure this Hon'ble Court that I will exercise utmost caution in future and shall not permit the use of my name or professional identity in any manner. I place myself unconditionally at the mercy of this Hon'ble Court. Therefore it is humbly requested that this Honble Court may be please to accept this apology affidavit and thus render justice."
4. Mr.Karthikeyan, who is present before this Court submitted that he is residing in the neighbourhood of the 2nd respondent and his name has been misused by Mr.Radhakrishnan @ Radha, Advocate, Egmore. However, coming to know that Mr.Radhakrishnan @ Radha, Advocate, misused his name, on his own, he removed/screened his name from the wall. He has expressed his unconditional apology before this Court and he also submitted before this Court that he will ensure that he exercises utmost caution in the future and shall not permit the illegal use of his name or professional identity in any manner.
5. Mr.Abudukumar Rajaratnam, learned Senior Counsel, would fairly submit that the incident has happened without the knowledge of the said Advocate and he may be pardoned and he may be dispensed with in the proceeding. He would further
submit that the 2nd respondent, with the aid of another advocate, has been interfering and creating problem with the petitioner's property and till date, no action has been taken by the first respondent on the complaint given by the petitioner.
6. In reply, Mr.K.M.D.Muhilan, learned Additional Public Prosecutor would submit that the complaint is an online complaint and the petitioner's wife appeared in person on 06.12.2025 and she gave a statement and steps are being taken to summon the 2nd respondent. He would submit that the matter may be listed on 19.12.2025.
7. The learned counsel appearing for the petitioner is directed to take private notice to the 2nd respondent forthwith.
8. List the matter on 19.12.2025."
3.Today, when the matter is taken up for hearing, Mr.K.M.D.Muhilan learned Additional Public Prosecutor appearing for the first respondent would submit that pursuant to the order dated 11.12.2025, the second respondent was summoned for enquiry. During enquiry, the second respondent has given an undertaking that he will not interfere with the property and he has also removed the board fixed by him and the painting done on the wall has also been cleared. Based on the undertaking, the complaint of the petitioner has been closed directing the parties to approach the civil forum. 4.Mr.Mr.Abudukumar Rajaratnam, the learned Senior Counsel appearing
for the petitioner would submit that the second respondent has no right whatsoever over the property and he is unnecessarily disturbing the possession of the property and he would also submit that the second respondent had earlier given a false complaint in Crime No.215 of 2024 and after enquiry, the learned Metropolitan Magistrate-I for CCB Cases, has closed the complaint. 5.Mr.J.Suresh, the learned counsel appearing for the second respondent would submit that a protest petition has been filed. However, he submits that the second respondent will not interfere with the possession of the property and he would follow up the civil suit.
6.Recording the same, this writ petition(criminal) stands disposed of. 06-01-2026 dn Index:Yes/No
To 1.The Inspector of Police J8- Neelankarai Police Station, Chennai-600041.
A.D.JAGADISH CHANDIRA, J.
dn 06-01-2026