Asraf Ali Khan v. The Superintendent Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 02-06-2026

CORAM

THE HON'BLE MR JUSTICE G.K. ILANTHIRAIYAN Asraf Ali Khan S/o. Late. Basu @ Karim Khan, Mathina Veedhi, North Periyar Nagar, Udaiyarkudi Post, Kattumanarkoil, Cuddalore District - 608 301.

..Petitioner(s) Vs

1. The Superintendent of Police, SP Office, Manjakkuppam, Cuddalore District, Tamil Nadu, Pin - 607 001.

2. The Deputy Superintendent of Police, Bharathi Road, Sorkalpattu, Cuddalore, Tamilnadu, Pin - 607 001.

3. The Inspector of Police, Kattumanarkoil Police Station, Cuddalore, Tamilnadu, Pin - 608 301.

4. Sottijahn D/o. Late. Mohideen Sheriff, Rettiyar Main Road, Udaiyarkudi Village, Kattumanarkoil, Cuddalore District - 608 301.

5. Ahamed Sheriff S/o. Late Mohideen Sheriff, Rettiyar Main Roa, Udaiyarkudi Village, Kattumanarkoil, Cuddalore District - 608 301.

6. Jahir Hussain S/o. Late Mohideen Sheriff, Rettiyar Main Road, Udaiyarkudi Village, Kattumanarkoil, Cuddalore District - 608 301.

..Respondent(s) PRAYER: Writ Petition filed under Article 226 of the Constitution of India, seeking to issue a Writ of Mandamus, directing the 1st to 3rd Respondents to provide adequate police protection to lay down fence around the petitioners land comprised in RS.No.24/1 and RS.No.24/2, Udaiyarkudi Village, Kattumanarkoil Town, Mannarkudi Sub-Registration District, Chidambaram Registration District and further restraining the 4th to 6th Respondent, their men, agents and persons claiming through them creating law and order issue and interfere with the laying down of the fence by considering the Petitioners representation dated 19.09.2025.

For Petitioner(s):

Mr.I.Abdul Basith For Respondent(s):

Mr.R.Ganesh Kumar Government Advocate (Crl. Side) - R1 to R3 Mr.G.Nirmalkrishnan - R4 to R6

ORDER

The Writ Petition has been filed seeking to issue a Writ of Mandamus, directing the 1st to 3rd Respondents to provide adequate police protection to lay down fence around the petitioners land comprised in RS.No.24/1 and RS.No.24/2, Udaiyarkudi Village, Kattumanarkoil Town, Mannarkudi SubRegistration District, Cuddalore District and restrain the 4th to 6th Respondent, their men, agents and persons claiming through them creating law and order

issue by interfering with the laying down of the fence by considering the Petitioners representation dated 19.09.2025.

2.The petitioner owns a property comprised in RS.No.24/1 and RS.No.24/2, Udaiyarkudi Village, Kattumannarkoil Town, Mannarkudi Sub Registration District, Cuddalore District. While the petitioner is enjoying the said property, the respondents 4 to 6 disturbed the possession and enjoyment of the said property. Further, they also filed a Suit for injunction as against the petitioner in O.S.No.55 of 2012 on the file of District Munsif Court, Kattumannarkoil, and the same was also dismissed vide order dated 05.04.2023. Aggrieved by the said Judgment and Decree, respondents 4 to 6 filed an appeal in A.S.No.11 of 2023 on the file of Sub Court, Chidambaram and it is pending without any interim reliefs. Therefore, in order to protect his property, the petitioner intended to lay a fence. However, respondents 4 to 6 obstructed the petitioner to put up any fencing. Hence, the petitioner gave a representation dated 19.09.2025, seeking police protection.

3.Learned counsel for the respondents 4 to 6 submits that they aggrieved by the judgment and decree passed in O.S.No.55 of 2012, filed an Appeal Suit and it is pending in A.S.No.11 of 2023, on the file of Sub Court, Chidambaram. Therefore, no police protection can be granted for laying fencing.

4.Admittedly, the respondents 4 to 6 filed only injunction suit and the same was also dismissed. So far, the petitioner is in possession and enjoyment of the said property. Unless, the respondents 4 to 6 filed any Suit for declaration and obtain decree of declaration in respect of the subject property, they have no right or title over the property which is owned and enjoyed by the petitioner.

5.In view of the above, the 3rd respondent is hereby directed to provide adequate police protection to the petitioner and his labourers while laying fencing in and around the land comprised in RS.No.24/1 and RS.No.24/2, Udaiyarkudi Village, Kattumannarkoil Town, Mannarkudi Sub Registration District, Cuddalore District, forthwith.

6.With the above direction, the Writ Petition stands disposed of. No costs. 02-06-2026 Index: Yes/No Speaking/Non-speaking order kas

To

1. The Superintendent of Police, SP Office, Manjakkuppam, Cuddalore District, Tamil Nadu, Pin - 607 001.

2. The Deputy Superintendent of Police, Bharathi Road, Sorkalpattu, Cuddalore, Tamilnadu, Pin - 607 001.

3. The Inspector of Police, Kattumanarkoil Police Station, Cuddalore, Tamilnadu, Pin - 608 301.

G.K.ILANTHIRAIYAN, J.

kas 02-06-2026