Madras High Court
Irudhaya Doss vs The Commissioner Of Police on 21 March, 2025
W.P(MD)No.7742 of 2025
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 21.03.2025
CORAM :
THE HON'BLE MR.JUSTICE P.DHANABAL
W.P(MD)No.7742 of 2025
Irudhaya Doss ... Petitioner
Vs
1.The Commissioner of Police,
Madurai City Police,
Madurai.
2.Inspector of Police,
K.Pudhur Police Station,
Madurai City Police,
Madurai.
3.Radha @ Radhakrishnan ... 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 1st
and 2nd respondents to provide adequate police protection to the
petitioner's based on the representation of the petitioner dated 06.04.2022
so as to enable them to enjoy, possess and to compound the subject
property more specifically the property in Door No.6, situated at Matha
Kovil Street, K.Pudur, Madurai District, on the strength of the judgments
rendered by this Court.
1/6
https://www.mhc.tn.gov.in/judis ( Uploaded on: 02/04/2025 04:34:56 pm )
W.P(MD)No.7742 of 2025
For Petitioner : Mr.S.Ramesh
For Respondents : Mr.R.M.Anbunithi
Additional Public Prosecutor
ORDER
This Writ Petition has been filed to direct the 1st and 2nd
respondents to provide adequate police protection to the petitioner's
based on the representation of the petitioner dated 06.04.2022 so as to
enable them to enjoy, possess and to compound the subject property more
specifically the property in Door No.6, situated at Matha Kovil Street,
K.Pudur, Madurai District, on the strength of the judgments rendered by
this Court.
2.The learned counsel for the petitioner would submit that the
petitioner is the owner of the property in Door No.6, situated at Matha
Kovil Street, K.Pudur, Madurai District and the third respondent has
filed a suit in OS No. 88 of 2010 on the file of II Additional Sub Court,
Madurai in respect of the property and the same was decreed in favour of
the third respondent. Thereafter, the petitioner has preferred an appeal in
AS No.5 of 2015 and other parties have also preferred appeal in AS Nos.
9 and 32 of 2015 on the file of Principal District Court, Madurai and all
https://www.mhc.tn.gov.in/judis ( Uploaded on: 02/04/2025 04:34:56 pm )
the appeals were allowed by dismissing the suit filed by the third
respondent on 13.04.2018. Thereafter, the third respondent has preferred
second appeal before this Court in SA(MD). Nos. 590, 591 and 592 of
2020 and all the appeals were dismissed on 01.03.2022. Thereafter, third
respondent has preferred S.L.P. before the Apex Court in S.L.P.(c) Nos.
9554 to 9556 of 2022 and the same were dismissed by the Hon'ble
Supreme Court on 12.07.2022 at the stage of admission itself. Therefore,
the title of the property was confirmed in favour of the petitioner. While
so, the third respondent has caused obstruction, when the petitioner tried
to construct a compound wall, thereby, the petitioner has sent a
representation on 06.04.2022 and the same was not considered. Hence,
this petition.
3.The learned Additional Public Prosecutor appearing for the
respondent police would submit that the representation of the petitioner
was considered and closed on 19.10.2024, therefore, nothing survives for
further adjudication.
4.At this juncture, the learned counsel for the petitioner would
submit that since the earlier representation was filed by the petitioner
https://www.mhc.tn.gov.in/judis ( Uploaded on: 02/04/2025 04:34:56 pm )
during S.L.P., now liberty may be granted to file a fresh representation
seeking police protection.
5.Since the dispute between the parties were already settled by the
Courts through Judgments, it is for the petitioner to approach the second
respondent seeking for police protection, in the manner known to law. If
any such application is filed by the petitioner, the second respondent has
to conduct enquiry after affording opportunity to both parties and take
appropriate decision in accordance with law.
6.With the above observations and direction, this Writ Petition is
disposed of.
21.03.2025
Internet :Yes
Index :Yes/No
NCC :Yes/No
PNM
https://www.mhc.tn.gov.in/judis ( Uploaded on: 02/04/2025 04:34:56 pm )
To
1.The Commissioner of Police,
Madurai City Police,
Madurai.
2.Inspector of Police,
K.Pudhur Police Station,
Madurai City Police,
Madurai.
3.The Additional Public Prosecutor,
Madurai Bench of Madras High Court,
Madurai.
https://www.mhc.tn.gov.in/judis ( Uploaded on: 02/04/2025 04:34:56 pm )
P.DHANABAL, J.
PNM
ORDER IN
21.03.2025
https://www.mhc.tn.gov.in/judis ( Uploaded on: 02/04/2025 04:34:56 pm )
