Madras High CourtWP Crl./78/2026disposed of

Kathleen Manuel v. The Sub Inspector Of Police

2026-06-17Honourable Mr Justice G.K. Ilanthiraiyan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 17-06-2026

CORAM

THE HON'BLE MR JUSTICE G.K. ILANTHIRAIYAN Kathleen Manuel, W/o. Late Captain, E.Manuel, No.96, 96-1 Pleasant Lodge, Kommakadu Village, Assambur (PO), Yercuad, Salem Distict-636602 .

..Petitioner(s) Vs

1. The Sub Inspector of Police, Yercaud Police Station, Salem District - 636601.

2. Titus W.M.Manuel

3. Ranjeet Chabria (R2 & R3 impleaded as per order dated 17.06.2026 in W.M.P.No.242 of 2026.

..Respondent(s) PRAYER: Writ Petition Criminal filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus, to direct the respondent police to consider the petitioner's representation dated 10.12.2025 and consequently direct the respondent police to provide necessary protection from unlawful interference of petitioners peaceful enjoyment of the property till disposal of the execution proceedings in E.P.No.12 of 2022. __________Page 1 of 4

For Petitioner(s):

Mr.M.Yogaa For Respondent(s):

Mr.R.Ganesh Kumar, Government Advocate (Crl.Side) for R1 Mr.V.Sekar for R2 & R3

ORDER

This Writ Petition has been filed to direct the first respondent to consider the petitioner's representation dated 10.12.2025 seeking adequate police protection to the petitioner from unlawful interference of peaceful possession and enjoyment of the property at the hands of the respondents 2 and 3 herein till the disposal of execution proceedings in E.P.No.12 of 2022.

2. On a perusal of the records and the submissions made by the learned counsel for both sides, it is revealed that the petitioner is suffering a decree for recovery of possession in O.S. No. 658 of 2005 obtained by the 3rd respondent herein. Pursuant thereto, the 3rd respondent has also filed E.P. No. 12 of 2022 in O.S. No. 658 of 2005 before the District Munsif-cum-Judicial Magistrate, Yercaud, to execute the said decree. While being so, the petitioner apprehended that the respondents 2 and 3, without due process of law, were attempting to take possession of the subject property from the petitioner. Therefore, the petitioner lodged a complaint seeking police protection. Admittedly, the __________Page 2 of 4

respondents 2 and 3 have already obtained a decree for recovery of possession, and the Execution Petition (E.P.) is pending.

3. The 2nd and 3rd respondents are directed to implement the order of recovery of possession through due process of law in E.P. No. 12 of 2022. In the meantime, the 2nd and 3rd respondents shall not interfere with the petitioner's possession and enjoyment of the property without due process of law. Further, the 1st respondent shall take appropriate action if any law and order issue arises.

4. With the above observations and directions, this Writ Petition is disposed of. No costs.

17-06-2026 Index: Yes/No Speaking/Non-speaking order SMA To 1.The Sub Inspector of Police, Yercaud Police Station, Salem District - 636601.

2.The Public Prosecutor, High Court, Madras.

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G.K.ILANTHIRAIYAN J.

SMA 17-06-2026 __________Page 4 of 4