M.Senthilkumar v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 23.06.2025

CORAM

THE HON`BLE MR.JUSTICE B.PUGALENDHI M.Senthilkumar ... Petitioner versus

1. The Superintendent of Police, Sivagangai District, Sivagangai.

2. The Inspector of Police, Ilayangudi Police Station, Sivagangai District.

3. Ambigawathi

4. Nagavalli ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, seeking for the issuance of Writ of Mandamus, to direct the 2nd respondent to provide police protection to the petitioner by way of considering the petitioner's representation dated 11.06.2025. For Petitioner : Mr.S.Sivakumar 1/6

For R1 and R2 : Mr.E.Antony Sahaya Prabahar, Additional Public Prosecutor

ORDER

The petitioner has filed this writ petition seeking a direction to the respondent Police to provide him police protection by considering his representation dated 11.06.2025.

2. The learned counsel appearing for the petitioner submits that the petitioner is living with his wife and children in Malaysia. He purchased a house at Ilayangudi in the name of his mother vide a Document No.799/2021 dated 16.06.2021 and his mother and sister are living in that house. After returning to India, the petitioner insisted his mother and sister to release the document in his name. They have also released the document in his favour. However, they have not vacated the house. Therefore, the petitioner lodged a complaint, based on which, the respondent Police has advised them to vacate the house. However, they have not vacated the house. According to the petitioner, whenever he 2/6

went to his house to request them to vacate the house, they attempted to assault him. Therefore, he lodged another compliant before the Ilayangudi Police Station on 20.03.2025 and the same was registered in Crime No.108 of 2025 for the offence under Sections 296(b), 115(2), 303(2) of BNS 203. Even after that, the respondent Police has not taken any proper action. According to the petitioner, whenever he went to his house, he faces a life threat. Therefore, the petitioner has filed this petition seeking police protection from the respondent Police for his life and limb.

3. The learned Additional Public Prosecutor submits that with regard to the house, the petitioner is having certain issues with his sister. Instead of filing a petition before the Rent Controller, the petitioner lodged a complaint before the respondent Police and the same was registered in Crime No.108 of 2025. Even thereafter, the petitioner is repeatedly lodging complaint. He further submits that the petitioner has already filed a petition before this Court in Crl.O.P.(MD)No.9751 of 2025 for the very same relief and this Court, by order dated 11.06.2025, closed the writ petition by granting liberty to the petitioner to workout 3/6

his remedy by filing RCOP proceedings before the competent Civil Court. Now, the petitioner, once again, has submitted a representation before the respondent Police seeking police protection and also filed this writ petition for the very same relief.

4. This Court considered the rival submissions made.

5. The petitioner had already made a similar request on 26.04.2025 and filed a petition in Crl.O.P.(MD)No.9751 of 2025 seeking a direction to the respondent Police to provide police protection to the petitioner and his family members. This Court, by its order dated 11.06.2025, closed the same by granting liberty to the petitioner to workout his remedy before the appropriate forum. However, the petitioner has once again filed this writ petition seeking police protection.

6. Considering the conduct of the petitioner that instead of invoking his remedy before the Rent Controller, he has unnecessarily filed this writ petition seeking police protection, this Writ Petition is dismissed with cost of Rs.5,000/- which is liable to be paid by the 4/6

petitioner to the respondent Police Station. The respondent Police shall utilize this amount for the welfare activities of the police officials, who are working in that police station.

23.06.2025 Index : Yes / No.

Internet : Yes / No.

NCC : Yes / No.

ogy To

1. The Superintendent of Police, Sivagangai District, Sivagangai.

2. The Inspector of Police, Ilayangudi Police Station, Sivagangai District.

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

5/6

B.PUGALENDHI, J.

ogy 23.06.2025 6/6