Madras High CourtWP Crl.(MD)/1880/2025disposed of

Dhamotharam v. The State Of Tamilnadu, The Superintendent Of Police,

2025-10-29Honourable Mr Justice Sunder Mohan5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 29.10.2025

CORAM

THE HONOURABLE MR.JUSTICE SUNDER MOHAN W.P.Crl.(MD).No.1880 of 2025 Dhamotharam ... Petitioner Vs.

1.State of Tamil Nadu rep. by, The Superintendent of Police, Office of the Superintendent of Police, Dindigul District, Dindigul.

2.The Inspector of Police, Gujiliamparai Police Station, Dindigul District.

3.Palanisamy 4.Sasikala

...Respondents

Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, to direct the respondents 1 and 2 to provide adequate police protection to the petitioner's life and limb and peaceful possession and enjoyment of petitioner's property situated at Survey No.1472/50, Patta No.1664, Palayam Village, Gujiliyambarai Taluk, Dindigul District, based on the representation dated 16.10.2025. 1/5

For Petitioner : Mr.V.Karuna For R-1 & R-2 : Mr.R.M.Anbunithi Additional Public Prosecutor

ORDER

This Writ Petition is filed for Mandamus to direct the respondents 1 and 2 to provide police protection to the petitioner for peaceful possession of his property situated at Survey No.1472/50, Patta No.1664, Palayam Village, Gujiliyambarai Taluk, Dindigul District by considering the petitioner's representation dated 16.10.2025.

2. It is the case of the petitioner that the third respondent, who is the brother of the petitioner, has committed the offence of trespassing into the petitioner's property; and that there are two cases registered against the third respondent in Crime Nos.182 and 214 of 2025.

3. The learned Additional Public Prosecutor, on instructions, would submit that since the FIRs have been registered and investigation is being conducted, unless another cognizable offence is made out, no further action is required; and that the respondent Police cannot interfere in any civil dispute. 2/5

4. Admittedly, the petitioner is the brother of the third respondent. For the cognizable offences said to have been committed by the third respondent, the respondent Police has already registered FIRs in Crime Nos.182 and 214 of 2025. If the petitioner is aggrieved by any dispossession from his property, it is open to him to seek appropriate remedy before the Civil Court. It is needless to say that if the third respondent commits any other cognizable offence, the respondent Police shall take action in accordance with law.

5. With the above observations, this Writ Petition stands disposed of. There shall be no order as to costs.

29.10.2025 NCC : Yes / No Index : Yes / No Internet : Yes/ No Lm To 1.The Superintendent of Police, Office of the Superintendent of Police, Dindigul District, Dindigul.

2.The Inspector of Police, Gujiliamparai Police Station, Dindigul District.

3/5

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

4/5

SUNDER MOHAN, J.

Lm W.P.Crl.(MD).No.1880 of 2025 29.10.2025 5/5