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Madras High CourtWP Crl.(MD)/1150/2026disposed of

Gangadevi v. The Superintendent Of Police, Madurai

2026-02-26Honourable Mrs Justice S.Srimathy7 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 26.02.2026

CORAM

THE HONOURABLE MRS. JUSTICE S.SRIMATHY Gangadevi ... Petitioner Vs 1.The Superintendent of Police, Madurai District, Madurai.

2.The Deputy Superintendent of Polic, Tirmangalam Circle, Tirumangalam, Madurai District.

3.The Inspector of Police, Tirumangalam Police Station, Tirumangalam, Madurai District.

4.M.Uthaiyan 5.Chezliyan 6.Thaniyarasu 7.Selvi ... Respondents PRAYER :-This petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the third respondent not to harass the petitioner in the guise of enquiry by 1/7

interfering with the subject matter purely civil in nature and pending adjudication in O.S.No.283 of 2024 on the file of the Sub Court, Tirumangalam on the basis of the petitioner's representation dated 11.02.2026.

For Petitioner : Mr.K.P.S.Ilangovelrajan Advocate.

For Respondents : Mr.A.S.Abul Kalaam Azad, Government Advocate (Crl.Side) (for R1 to R3)

ORDER

This petition has been filed for issuance of Writ of Mandamus, directing the third respondent not to harass the petitioner in the guise of enquiry by interfering with the subject matter purely civil in nature and pending adjudication in O.S.No.283 of 2024 on the file of the Sub Court, Tirumangalam on the basis of the petitioner's representation dated 11.02.2026.

2.It is seen from the records that the fourth respondent herein has filed a writ petition in W.P.(MD) No.2121 of 2025, seeking a direction to dispose of the petitioner's representation, and this Court, vide order dated 19.11.2025, directed the respondent police to consider the same and pass 2/7

orders within a period of two weeks. Again, the seventh respondent, who is the wife of the fourth respondent, filed a writ petition in W.P.(MD) No.1799 of 2024, seeking a direction to the police officials to provide adequate police protection for restoration of metes and bounds and for construction of a fence and shed in the petitioner's property. This Court, vide order dated 23.10.2025, recorded that the petitioner therein claimed to be in occupation of the property for several years and alleged that one Sivalingam was attempting to grab the property with the help of henchmen, and that the dispute pertained only to possession of the property. Considering the same, this Court dismissed the said writ petition.

3.Subsequently, another writ petition in W.P.(MD) No.2454 of 2025 was filed by the seventh respondent herein, and this Court, vide order dated 09.12.2025, directed the respondent police to consider her complaint and pass orders in accordance with law within a period of four weeks. However, the seventh respondent has not disclosed the earlier writ petition that had been dismissed against her. 3/7

4.Now, the contention of the petitioner is that the fourth respondent and the other private respondents are disturbing the petitioner's possession. The petitioner claims that he is in possession of the property ancestrally and two sisters namely, Sivanakkal and Karupayee are entitled to get the properties measuring 85 cents. Since they are equally entitled to the property, but without dividing the property, this said Sivanammal's legal heirs sold the petitioner's Grandmother's share also. Hence, the petitioner has already filed a civil suit, which is pending adjudication. In the said suit, the fourth respondent and others were also impleaded as defendants. Since the seventh respondent is the wife of the fourth respondent, she has not been impleaded as a party. The said suit has been filed for declaration and injunction and also for cancellation of the sale deed as null and void. When the suit is pending regarding the title, the private respondents herein cannot claim title over the property until their rights are determined in the suit.

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5.Therefore, the private respondents shall not interfere with the petitioner's possession until the disposal of the suit. If any complaint is lodged by the private respondents and the dispute is civil in nature, the respondent police shall not interfere. However, if there is any wordy quarrel, assault, or any criminal offence is made out, the same shall be dealt with in accordance with law.

6.With the above directions, this Writ Petition stands disposed of. There shall be no order as to costs.

26.02.2026 Index:yes/No Internet:Yes/No NCC:Yes/No vsg 5/7

TO 1.The Superintendent of Police, Madurai District, Madurai.

2.The Deputy Superintendent of Polic, Tirmangalam Circle, Tirumangalam, Madurai District.

3.The Inspector of Police, Tirumangalam Police Station, Tirumangalam, Madurai District.

4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. 6/7

S.SRIMATHY,J., vsg

ORDER

IN WP CRL.(MD) No.1150 of 2026 Date :26.02.2026 7/7