Kathija Beevi @ Kathija Begum v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 06.11.2025

CORAM

THE HONOURABLE MR.JUSTICE SUNDER MOHAN W.P.Crl.(MD).No.1618 of 2025 Kathija Beevi @ Kathija Begum ... Petitioner Vs.

1.State of Tamil Nadu Rep. by, The Superintendent of Police, Karur District, Karur.

2.The Deputy Superintendent of Police, Kulithalai, Karur District.

3.The Inspector of Police, Lalapettai Police Station, Karur District.

4.Maideen Batcha

...Respondents

Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents 1 to 3 to provide adequate police protection to the petitioner's life and limb and peaceful possession and enjoyment of the petitioner's property in Survey No.226/20, to an extent of 0.67 Acres situated at Kallapalli Village, 1/5

Krishnarayapuram Taluk, Karur District, by considering the petitioner's representation dated 29.08.2025.

For Petitioner : Mr.V.Karuna For R-1 to R-3 : Mr.R.Meenakshi Sundaram Additional Public Prosecutor For R-4 : Mr.A.N.Ramanathan

ORDER

This Writ Petition is filed for Mandamus to direct the respondents 1 to 3 to provide adequate police protection to the petitioner for peaceful possession and enjoyment of the property in Survey No.226/20 to an extent of 0.67 Acres situated at Kallapalli Village, Krishnarayapuram Taluk, Karur District by considering the petitioner's representation dated 29.08.2025.

2. It is the case of the petitioner that the fourth respondent herein has objected to conduct survey and demarcate the land and also to put up fencing around her property; that the petitioner had obtained orders from the Civil Court as early as in the year 2003; that inspite of the same, the fourth respondent is preventing the petitioner from enjoying her property; that the petitioner had earlier approached this Court in W.P.(MD).No.16008 of 2024 for 2/5

survey of the land and this Court had permitted the survey of the land; and that therefore, the petitioner is entitled to police protection as prayed for.

3. The learned counsel for the fourth respondent would however submit that the fourth respondent is in possession of the disputed property; that he was not made a party before this Court in W.P.(MD).No.16008 of 2024; that thereafter, since the official respondents had not complied with the condition, he filed contempt; that though the contempt petition was dismissed, it was observed by this Court that neither the petitioner nor the fourth respondent can put up a fence unless there is an order from the jurisdictional Civil Court; and that in the guise of police protection, the petitioner is actually disturbing the fourth respondent's possession in the property.

4. Though the petitioner claims that she is armed with the judgments of the Civil Court, this Court is of the view that the respondent Police cannot decide as to who is in possession of the property. If it is the case of the petitioner that the fourth respondent is in illegal occupation of the property belonging to her, the appropriate remedy would be to approach the Civil Court as observed by this Court in the Cont.P.(MD).No.2472 of 2024. Therefore, this Court is not inclined to issue the direction as prayed for. 3/5

5. Accordingly, this Writ Petition is closed with liberty to the petitioner to seek appropriate remedy before the Civil Court. There shall be no order as to costs.

06.11.2025 NCC : Yes / No Index : Yes / No Internet : Yes/ No Lm To 1.The Superintendent of Police, Karur District, Karur.

2.The Deputy Superintendent of Police, Kulithalai, Karur District.

3.The Inspector of Police, Lalapettai Police Station, Karur District.

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

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SUNDER MOHAN, J.

Lm W.P.Crl.(MD).No.1618 of 2025 06.11.2025 5/5