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Madras High CourtWP Crl.(MD)/1444/2025dismissed

Poovendhiran v. The Superintendent Of Police

2025-09-19Honourable Mr Justice Sunder Mohan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.09.2025

CORAM:

THE HONOURABLE MR.JUSTICE SUNDER MOHAN Poovendhiran S/o.Arasakumar ... Petitioner Vs.

1. The Superintendent Of Police, Dindigul, Dindigul District.

2.The Deputy Superintendent Of Police, Oddanchatram, Dindigul District.

3.The State of Tamil Nadu, Rep. by Its The Inspector Of Police, Ambilikai Police Station, Dindigul District.

4.Palaniyammal ... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the 2nd respondent to direct the 3rd respondent to grant adequate police protection to the petitioner's life, limb and property to affix the boundary stones and fence the petitioners land situated at S.No.55/1 measuring to an extent of O2 Acre and 12.5 Cents 1/4

situated at Veriyappur Village, Ottanchatram Circle, Dindigul District, by considering the petitioner's representation dated 13.08.2025 within the time limit fixed by this Court.

For Petitioner : Mr. R.Rajeshkumar For R1 to R3 : Mr.R.M.Anbunithi Additional Public Prosecutor

O R D E R

The petitioner has sought for a writ of mandamus directing the respondents to grant adequate police protection to fix boundary stones and fence the petitioner's property.

2.According to the petitioner, he had filed the civil suit against the fourth respondent seeking permanent injunction and the same was allowed by the judgment and decree dated 12.06.2025 and that in spite of the decree, the fourth respondent is preventing the petitioner from fixing the boundary stones.

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3.This Court is of the view that if the petitioner has obtained a judgment and decree in his favour, he has to approach the Execution Court for executing the judgment. The police cannot execute the decree. It is also not known whether the fourth respondent has filed an appeal against the judgment and decree. Since the respondent police cannot interfere in such matters, a writ of mandamus as prayed for also cannot be issued. 4.With the above observation, this Writ Petition is dismissed. No costs.

19.09.2025 NCC: Yes/No Internet : Yes/No Index:Yes/No cp To

1. The Superintendent Of Police, Dindigul, Dindigul District.

2. The Deputy Superintendent Of Police, Oddanchatram, Dindigul District.

3. The Inspector Of Police, Ambilikai Police Station, Dindigul District.

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SUNDER MOHAN,J.

cp 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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