V.Nehru v. The Superintendent Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 02.07.2025
CORAM:
THE HONOURABLE MR.JUSTICE B.PUGALENDHI W.P.Crl.(MD)No.157 of 2025 V.Nehru ... Petitioner Vs 1.The Superintendent of Police, Madurai District.
2.The Inspector of Police, Uthappanaickanur Police Station, Madurai District.
3.T.Andi Thevar 4.T.Chellapandi
...Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the 1st and 2nd respondents to grant adequate police protection to the petitioner on the strength of the judgment delivered by the learned District Munsif Cum Judicial Magistrate, Usilampatti, Madurai District in O.S.No.192 of 2021, vide judgment, dated 19.03.2025, so as to have the petitioner's unhindered occupation, 1/5
upon the said properties, covered by the said Judgment and on the basis of the petitioner's representation, dated 24.05.2025. For Petitioner : Mr. R.Anand For R1 & R2 : Mr.E.Antony Sahaya Prabahar Additional Public Prosecutor For R3 & R4 : Mr.D.Malaichamy
O R D E R
The petitioner has filed this writ petition, seeking police protection that the private respondents 3 & 4 are preventing him from cultivating his land.
2. The petitioner claims that the property in S.No. 125/2A1 and 125/2A3 of Uthappanaickanur Village, Usilampatti, Madurai has been purchased by him, vide registered sale deed in Doc.No.1758/1996, dated 08.08.1996. According to the petitioner, he is having all the revenue records in his favour. Even then, the respondents 3 & 4 are interfering with his peaceful possession, without any valid reasons. Therefore, this petitioner has filed a civil suit in O.S.No.192 of 2021, before the District Munsif cum Judicial 2/5
Magistrate Court, Usilampatti, for the relief of injunction as against the respondents 3 and 4 and the suit was decreed exparte. Even after the decree passed by the Civil Court in O.S.No.192 of 2021, the respondents 3 & 4 are once again preventing this petitioner from cultivating and therefore, this petitioner is before this Court seeking police protection.
3.Mr.E.Antony Sahaya Prabahar, learned Additional Public Prosecutor, who takes notice for the respondents 1 & 2 submits that since it is a civil dispute, they have not interfered with. 4.The learned counsel appearing for the respondents 3 & 4 submits that they have filed an application to set aside the exparte decree, granted in O.S.No.192 of 2021. When this Court verified with the counsel as to the right of the respondents 3 & 4, over the subject property, the learned counsel is not in a position to explain. 3/5
5. Considering that the petitioner is having a decree in his favour in O.S.No.192 of 2021 granted by the learned District Munsif cum Judicial Magistrate, Usilampatti, this Criminal Original Petition is allowed with a direction to the respondent police to provide police protection, based on the decree in OS No.192 of 2021. The respondents 3 and 4 can work out their remedy before the appropriate civil Court.
02.07.2025 Index:Yes Internet:Yes vrn To 1.The Superintendent of Police, Madurai District.
2.The Inspector of Police, Uthappanaickanur Police Station, Madurai District.
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B.PUGALENDHI, J.
vrn Order made in W.P.Crl.(MD)No.157 of 2025 02.07.2025 5/5