Sarfudeen v. The State Of Tamilnadu, Rep. By The Superintendent Of Police,
0BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 19/02/2026
CORAM
THE HONOURABLE MRS. JUSTICE S.SRIMATHY Sarfudeen ... Petitioner - Vs. - State of Tamilnadu rep. by 1.The Superintendent of Police, Theni District, Theni.
2.The Deputy Superintendent of Police, Office of the Deputy Superintendent of Police, Bodinaickanur, Theni District.
3.The Inspector of Police, Kurangani Police Station, Bodinaickanur, Theni District.
4.The Tahsildar, Bodinaickanur, TheniDistrict.
5.Ganesan ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents 1 to 3 to provide necessary police protection to clean the petitioner's land in 1/5
S.No.389/1C4A, Mangala Kombai, Bodinaickanur Taluk, Theni District based on the petitioner's representation dated 17.01.2026.
For Petitioner : Mr.K.Althaf Sheriff for M/s.Ajmal Associates For R1 to R3 : Mr.A.S.Abul Kalaam Azad, Government Advocate (Crl.Side) For R4 :Mr.M.Muthumanikkam Government Advocate(civil side)
ORDER
This Writ Petition is filed for issuance of a Writ of Mandamus to direct the respondents 1 to 3 to provide necessary police protection to clean the petitioner's land in S.No.389/1C4A, Mangala Kombai, Bodinaickanur Taluk, Theni District based on the petitioner's representation dated 17.01.2026.
2. Heard both sides.
3.The wife of the petitioner has filed a suit in O.S.No.140 of 2014 in which the 5th respondent/Ganesan is shown as 4th defendant. In the said suit exparte decree was granted. Subsequently, the petitioner's 2/5
wife has filed an execution petition and the same was ordered on 14.12.2018. Thereafter, the 5th respondent has filed and EA and the same was dismissed in condone delay stage itself. Against which the 5th respondent has preferred C.R.P(MD).No.409 of 2021. This Court vide order dated 10.12.2024 has dismissed the Civil Revision Petition. In such circumstances, though possession was handed over in the execution petition, the petitioner is seeking police protection to clean the land since the 5th respondent is objecting. When the petitioner's wife is having a decree in her favour, the petitioner is entitled to fence the property. Therefore, the respondent shall provide adequate police protection after payment of necessary fees to survey the land and for every consequential protection to the land.
4. With this direction, the present Writ Petition is allowed. No Costs.
19.02.2026 PJL 3/5
TO 1.The Superintendent of Police, Theni District, Theni.
2.The Deputy Superintendent of Police, Office of the Deputy Superintendent of Police, Bodinaickanur, Theni District.
3.The Inspector of Police, Kurangani Police Station, Bodinaickanur, Theni District.
4.The Tahsildar, Bodinaickanur, TheniDistrict.
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S.SRIMATHY,J PJL
ORDER
IN WP CRL.(MD) No.956 of 2026 Date : 19/02/2026 5/5