D.Vanathachi v. State Rep.By, The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 15-12-2025

CORAM

THE HON'BLE MR JUSTICE A.D.JAGADISH CHANDIRA D.Vanathachi W/o.Late.Thiru.Karunakaran ..Petitioner(s) Vs

1. State rep.by, The Inspector of Police, T-4, Pudhur Police Station, Ambathur, Chennai.

2. K.S.Kumaran S/o.Shanmugam

3. Thilagavathy W/o.Mr.K.S.Kumaran

4. Rohit S/o.Mr.K.S.Kumaran

5. Dinesh S/o.Mr.K.S.Kumaran

6. Balaji S/o.Mr.K.S.Kumaran ..Respondent(s) PRAYER Writ Petition (Criminal) is filed under Art. 226 of Constitution of India seeking to issue a Writ of Mandamus or any other order or direction in the nature of the Writ direction, directing the 1st respondent to consider the petitioners representation dated 08.10.2025 for police protection to put up compound wall.

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For Petitioner(s):

Mr.M.K.Bhoopathy Rajan For Respondent(s):

Mr.K.M.D.Muhilan, Addl. Public Prosecutor for R1 Order The Writ Petition (Criminal) has been filed seeking a direction to the 1st respondent to consider the petitioner's representation dated 08.10.2025 for police protection to put up a compound wall.

2. Today, when the matter is taken up for hearing, learned Addl. Public Prosecutor appearing for 1st respondent would submit that the petitioner had sent a representation dated 08.10.2025 seeking police protection to put up a compound wall alleging that the respondents 2 to 6 are preventing her from putting up a compound wall. He would also submit that enquiry was conducted in Current Paper No.23 of 2025 and during the enquiry, the respondents 2 to 6 appeared in person. He would further submit that a civil suit is pending between the parties in O.S.No.17 of 2025 on the file of District Munsif Court, Madhavaram. Therefore, the parties may be directed to approach the civil court.

3.

Having heard the learned counsel appearing on either side and upon perusal of the materials available on record, this Court is of the view that when there is a rival claim by the opposite party, the practice of granting __________Page 2 of 4

blanket police protection, especially in respect of immovable property without title being established, may lead to serious consequences. In this context, it is apropos to point out that the Hon'ble Apex Court, in PR.Muralidharan and others Vs. Swami Dharmananda Theertha Padar, reported in (2006) 4 SCC 501, has held as follows:

''...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 unambigous manner, and then too in furtherance of the decree or order.'' 4.

Accordingly, this Writ Petition (Criminal) stands closed. The petitioner is at liberty to work out her remedy before the civil Court in accordance with law. No costs 15-12-2025 Index: Yes/No Speaking/Non-speaking order RPP To

1. The Inspector of Police,T-4, Pudhur Police Station, Ambathur, Chennai.

2. The Public Prosecutor, High Court, Madras. __________Page 3 of 4

A.D.JAGADISH CHANDIRA J.

RPP 15-12-2025 __________Page 4 of 4