Madras High CourtWP Crl.(MD)/2940/2026disposed of

K.N.Vellaichamy v. The State Of Tamilnadu Rep By The Inspector Of Police, Palanichettypatti

2026-06-05Honourable Mrs Justice L.Victoria Gowri6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 05.06.2026

CORAM:

THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI K.N.Vellaichamy ... Petitioner Vs.

1. The State of Tamilnadu, Rep by the Inspector of Police, Palanichettypatti Police Station, Theni.

2. Subash Chandran

3. Thanu Vignesh ... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus directing the 1st respondent herein to give police protection to the petitioner as per his representation dated 30.04.2026 based on decree dated 14.11.2014 in OS No.9 of 2010 on the file of District Munsif Court, Theni, confirmed in AS No.72 of 2014 on the file of the Sub Court, Theni, by judgment and decree dated 07.01.2026. For Petitioner : Mr.K.Appadurai For Respondents : Mr.P.Vetrivel (R1) Counsel for State of TN (Crl.Side) 1/6

ORDER

This petition has been filed seeking a direction to the first respondent to provide police protection to the petitioner pursuant to his representation dated 30.04.2026, in the light of the decree dated 14.11.2014 passed in O.S. No. 9 of 2010 on the file of the District Munsif Court, Theni, which was subsequently confirmed by the judgment and decree dated 07.01.2026 passed in A.S. No. 72 of 2014 on the file of the Sub Court, Theni.

2. The learned counsel for the petitioner submitted that respondents 2 and 3 are causing interference with the petitioner's peaceful possession and enjoyment of the subject property, notwithstanding the decree dated 14.11.2014 passed in O.S. No. 9 of 2010 on the file of the District Munsif Court, Theni, which was confirmed by the judgment and decree dated 07.01.2026 in A.S. No. 72 of 2014 on the file of the Sub Court, Theni, in favour of the petitioner. In these circumstances, the petitioner submitted a representation dated 30.04.2026 to the respondent police seeking protection. Since no action has been taken on the said representation, the present writ petition has been filed.

3. The learned Government Advocate appearing for the respondent 2/6

police on instructions submitted that already the representation has been received and an enquiry is pending.

4. Heard the learned counsel on either side and carefully perused the materials before this Court. Since no adverse order is proposed to be passed against the private respondents, notice to them is dispensed with.

5. Considering the facts and circumstances of this case, the first respondent police is directed to put the petitioner as well as the private respondents on notice under Section 64 BNSS and dispose of the petitioner's representation dated 30.04.2026, after affording an opportunity of hearing to the parties concerned, within a period of four weeks from the date of receipt of a copy of this order.

6. The petitioner is also directed to produce copies of the judgments and decrees in his favour before the first respondent police. It is made clear that, in view of the civil court decrees standing in favour of the petitioner, the first respondent police shall consider the petitioner's representation and provide appropriate police protection, if warranted, in accordance with law. 3/6

7. This writ petition is disposed with the above directions. 05.06.2026 NCC : Yes / No Index : Yes / No sm 4/6

TO:-

1. The Inspector of Police, Palanichettypatti Police Station, Theni.

2. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

5/6

L.VICTORIA GOWRI, J.

Sm Order made in Dated 05.06.2026 6/6