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Madras High CourtWP Crl.(MD)/334/2026dismissed

M/S. Milky Mist Diary Food Limited v. The Superintendent Of Police

2026-01-23Honourable Mrs Justice S.Srimathy5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.01.2026

CORAM

THE HONOURABLE MRS JUSTICE S.SRIMATHY WP.Crl.(MD).No.334 of 2026 and WP.Crl.M.P.(MD).No.94 of 2026 M/s. Milky Mist Diary Food Limited, Represented by its Authorized Representative, G.Rajesh, 2.T.Sathish Kumar

...Petitioners

Vs

1. The Superintendent of Police, Sivagangai District.

2. The Deputy Superintendent Of Police, Manamadurai, Sivagangai District.

3. State of Tamilnadu, Represented by the Inspector of Police, Poovanthi Police Station, Sivagangai District.

4. Sathish Kumar

...Respondents

For Petitioner : Mr.R.Suriya Narayanan For Respondents : Mr.A.S.Abul Kalaam Azad Government Advocate (Crl.side) for R1 to R3 Mr.N.Mohan for R4

Prayer: Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, to direct the respondents 1 to 3 to give adequate police protection to the 1st petitioner and his men and agent for installing and putting up the solar power plants in the lands in R.S.No.94/1A, R.S.No.93/2B, R.S.No.105/1, R.S.No.108/1, R.S.No.105/2, R.S.No.105/3, 104/1A, R.S.No.104/1B, R.S.No. 104/2A, R.S.No.104/2B, R.S.No.103/2B, R.S.No.103/3, R.S.No.103/4, R.S.No. 106/1, R.S.No.106/2, R.S.No.106/3, R.S.No.106/4, R.S.No.106/5, R.S.No.103/1B, in Arasanur Village, and in R.S.No.117/1A1, R.S.No.117/1B1, R.S.No.117/3A, R.S.No.117/4A, R.S.No.115/9A in Yenathi Village, Sivagangai District, total measuring about 46.44 Acres.

ORDER

The present Writ Petition has been filed for the issuance of a Writ of Mandamus, to direct the respondents 1 to 3 to give adequate police protection to the 1st petitioner and his men and agent for installing and putting up the solar power plants in the lands in R.S.No.94/1A, R.S.No.93/2B, R.S.No.105/1, R.S.No.108/1, R.S.No.105/2, R.S.No.105/3, 104/1A, R.S.No.104/1B, R.S.No.104/2A, R.S.No. 104/2B, R.S.No.103/2B, R.S.No.103/3, R.S.No.103/4, R.S.No.106/1, R.S.No.106/2, R.S.No.106/3, R.S.No.106/4, R.S.No.106/5, R.S.No.103/1B, in Arasanur Village, and in R.S.No.117/1A1, R.S.No.117/1B1, R.S.No.117/3A, R.S.No.117/4A, R.S.No. 115/9A in Yenathi Village, Sivagangai District, total measuring about 46.44 Acres.

2. According to the petitioner, he has purchased the property through several sale deeds. The petitioner is now seeking police protection to install solar power plants on the disputed site. However, the learned counsel appearing for the fourth respondent submitted that he has already executed an unregistered Memorandum of Understanding with the original owner, namely Dhanavelan. As on date, the fourth respondent claims that he is in possession of the property, while the petitioner is also simultaneously claiming possession of the same.

3. Since it is a vacant site, possession cannot be ascertained unless the issue is adjudicated. The proper remedy lies before the competent civil court. Therefore, at this stage, even if the fourth respondent is considered a trespasser, he is entitled to be evicted only by following due process of law. Therefore, police protection cannot be granted at this stage.

3. By taking all these reasons into consideration, this Writ Petition stands dismissed. There shall be no order as to costs. 23.01.2026 KSA [2/2]

To

1. The Superintendent of Police, Sivagangai District.

2. The Deputy Superintendent Of Police, Manamadurai, Sivagangai District.

3. The Inspector of Police, Poovanthi Police Station, Sivagangai District.

S.SRIMATHY , J.

KSA W.P.Crl.(MD)No.334 of 2026 [2]2] 23.01.2026