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Madras High CourtWP Crl.(MD)/1900/2025allowed

A.Gopal v. The Superintendent Of Police,

2026-02-26Honourable Mrs Justice S.Srimathy4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26.02.2026

CORAM

THE HONOURABLE MRS.JUSTICE S.SRIMATHY W.P.Crl(MD)No.1900 of 2025 A.Gopal

...Petitioner

Vs

1. The Superintendent of Police, Dindigul District.

2. The Deputy Superintendent of Police, Palani Division, Dindigul District.

3. The Inspector of Police, Palani Taluk Police Station, Dindigul District.

4. Chikkal @ Chinnadurai

5. Baluchamy @ Palanichamy

6. Nagaraj

7. Murugesh

8. Periyamuthu

9. Sangili Ammal

10. Aaruthayi

...Respondents

PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the respondents 1 to 3 and their subordinates to give adequate police protection to put up fence for the lands in S.No.316/4 with an extent of 12 Acres, S.No.310/12 with an extent of 57 cents, S.No.316/4 with an extent of 3 Ares and 29 cents and S.No.310/14 with an 1/4

extent of 1 Acre 68 cents situated at Periyammapatti Village, Palani Taluk, Dindigul District as per civil Court decree in O.S.No.77 of 2021 by the District Munsif Court, Palani, dated 08.08.2022.

For Petitioner : M/s.D.Venkatesh For Respondents : Mr.A.S.Abul Kalaam Azad Government Advocate(crl.side) for R1 to R3 Mr.M.P.Senthil for R4, R5, R7 to R9 No appearance for R6 & R10

ORDER

This Writ Petition is filed seeking a Mandamus directing the respondents 1 to 3 and their subordinates to give adequate police protection to put up fence for the lands in S.No.316/4 with an extent of 12 Acres, S.No.310/12 with an extent of 57 cents, S.No.316/4 with an extent of 3 Ares and 29 cents and S.No. 310/14 with an extent of 1 Acre 68 cents situated at Periyammapatti Village, Palani Taluk, Dindigul District as per civil Court decree in O.S.No.77 of 2021 by the District Munsif Court, Palani, dated 08.08.2022.

2. The petitioner had filed a suit in O.S.No.77 of 2021, before the District Munsif Court, Palani, and the same was allowed in favour of the petitioner. The dispute in this case has a checkered history. Initially individuals would claim assignment, but the assignment was cancelled. In one of the litigations, the writ petition was allowed in favour of the individuals. But subsequently, on the Writ 2/4

Appeal, it is ended in favour of the petitioner herein. Therefore, the petitioner is entitled to the property.

3. The learned Counsel appearing for the respondents 4, 5, 7 to 9 vehemently objected and submitted that they are in possession of the property. But in the Writ Appeal, it is specifically held that by showing one kist receipt which is in the name of one person, the other individuals has created the same as if it has been issued to them. No such kist receipt was issued to anybody. Based on that reason only, the Writ Appeal was allowed. Therefore, the vehement opposition by the individuals cannot be considered. Hence, the respondent police is directed to grant police protection based on the suit and Writ Appeal. If the private individuals are aggrieved, they are at liberty to file appropriate suit before the competent civil Court.

4. Accordingly, this Writ Petition stands allowed. The respondents are directed to provide police protection as prayed for. 26.02.2026 NCC : Yes/No Index : Yes/No Internet: Yes/No RJR 3/4

S.SRIMATHY , J.

RJR To

1. The Superintendent of Police, Dindigul District.

2. The Deputy Superintendent of Police, Palani Division, Dindigul District.

3. The Inspector of Police, Palani Taluk Police Station, Dindigul District.

W.P.Crl(MD)No.1900 of 2025 26.02.2026 4/4