H.Krishnan vs The Superintendent Of Police
2022 Latest Caselaw 10009 Mad

                                                                              W.P.No.25253 of 2021


                              IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                 DATED : 14.06.2022

                                                      CORAM:

                           THE HON'BLE MR.JUSTICE SATHI KUMAR SUKUMARA
                                              KURUP

                                                 W.P.No.25253 of 2021


                     H.Krishnan                                              ... Petitioner

                                                        Versus

                     1.The Superintendent of Police
                       Udhagamandalam.

                     2.The Inspector of Police
                       E-1 Police Station
                       Udhagamandalam
                       The Nilgiris.

                     3.K.N.Madhan                                            ... Respondents



                     PRAYER: Writ Petition filed under Article 226 of the Constitution of
                     India, to issue a Writ of Mandamus, directing the respondents 1 and 2 to
                     give police protection to the Petitioner's property based on his
                     representation dated 25.10.2021.



                     1/6

https://www.mhc.tn.gov.in/judis
                                                                                 W.P.No.25253 of 2021




                                  For Petitioner     :   Mr.P.Ravi Shankar Rao

                                  For Respondents :       Mr.L.Baskaran for R1 & R2
                                                         Government Advocate (Crl.Side)


                                                      ORDER

This petition had been filed to direct the respondents 1 and 2

to give police protection to the Petitioner's property based on his

representation dated 25.10.2021.

2. It is the contention of the Petitioner that he had filed the

suits and after due trial, decree was granted in his favour by the Civil

Court. The Appeal against the Trial Court was also dismissed confirming

the decree in favour of the Petitioner. While so, the Respondents are

interfering in his property thereby, preventing the peaceful possession

and enjoyment by the Petitioner. On that ground, the Petitioner had

moved this Court by filing Writ Petition seeking police protection.

https://www.mhc.tn.gov.in/judis W.P.No.25253 of 2021

3. The Learned Counsel for the Petitioner also relied on the

reported ruling of this Court in 2014 (2) CTC 695, Radhika Sri Hari

and another Vs. Commissioner of Police, Coimbatore City,

Coimbatore.

4. The Learned Government Advocate (Crl.Side) also relied

on the very same judgment and submitted that the Petitioner was granted

decree by the Civil Court. The same decree has to be enforced by the

Civil Court. It is for the Petitioner to move the Execution Petition for the

enforcement of the decree and also police protection regarding his

property. He ought not to have filed this Writ Petition by approaching

this Court. Therefore, the Learned Government Advocate (Crl.Side)

prays for dismissal of this Writ Petition.

5. The submission of the Learned Government Advocate

(Crl.Side) is found acceptable.

https://www.mhc.tn.gov.in/judis W.P.No.25253 of 2021

6. In the light of the provisions of the Code of Civil

Procedure, the Petitioner is directed to move the Civil Court concerned.

The Civil Court at Nilgiris, is directed to pass appropriate orders when

the Petitioner files a petition seeking police protection to protect the

decree and property.

7. With the above direction, this Writ Petition is disposed of.

No costs.

13.06.2022

Index: Yes/No Internet: Yes/No dna

https://www.mhc.tn.gov.in/judis W.P.No.25253 of 2021

To

1.The Superintendent of Police Udhagamandalam.

2.The Inspector of Police E-1 Police Station Udhagamandalam The Nilgiris.

3.The Public Prosecutor, High Court, Madras.

https://www.mhc.tn.gov.in/judis W.P.No.25253 of 2021

SATHI KUMAR SUKUMARA KURUP., J.

dna

W.P.No.25253 of 2021

14.06.2022

https://www.mhc.tn.gov.in/judis W.P.No.25253 of 2021

https://www.mhc.tn.gov.in/judis