Madras High Court

E.Kaviya Kanchana vs The State on 13 October, 2025

Author: N.Sathish Kumar

Bench: N. Sathish Kumar

                                                                                        W.P.Crl.No.1047 of 2025


                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                               DATED: 13.10.2025

                                                       CORAM:

                         THE HONOURABLE MR. JUSTICE N. SATHISH KUMAR

                                             W.P.Crl.No.1047 of 2025
                                         and WP.Crl.Nos.491 & 490 of 2025

                E.Kaviya Kanchana                                                            ... Petitioner
                                                          Versus
                1. The State
                Rep by the Director General of Police
                Post Box No.601, Dr.Radhakrishnan Salai
                Mylapore, Chennai, Tamil Nadu – 600 004

                2. The State
                Rep by the Superintendent of Police
                Kanchipuram District, Thaiyar Kullam
                Kanchipuram, Tamil Nadu

                3.The State
                Rep by the Inspector of Police
                G2, Uthiramerur Police Station
                Kanchipuram District

                4.The State
                Rep by the Sub-Inspector of Police
                G2, Uthiramerur Police Station
                Kanchipuram District

                5.E.Veerabathiran
                6.E.Dayalan
                7.E.Paramasivam
                8.E.Devan

                Page 1 of 10




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                                                                                                W.P.Crl.No.1047 of 2025


                9.D.Kannaki
                10.V.Rani
                11.Yamuna Eswari
                12.D.Ashwin
                13.Bavani                                                                        .. Respondents

                PRAYER: Writ Petition is filed under Article 226 of Constitution of India,
                pleased to issue a Writ of Mandamus, directing the respondent 1 to 4 to
                provide immediate adequate protection to the petitioner, her parents, her
                brother and her Perungozhi Village to ensure their life liberty and safety
                particulars safeguarding the petitioner and her unborn child from any further
                harm by the respondents 5 to 13 their family members or their associates
                after considering the petitioners representation dated 11.08.2025.

                For Petitioner                  : Mr.G.R.Hari
                For Respondents                 : Mr.K.M.D.Muhilan, APP for R1 to R4

                                                           ORDER

Captioned writ petition has been filed by the petitioner seeking for

police protection on the ground that the private respondents are interfering

with the possession of the petitioner and also wielding threat to them.

Despite several complaints lodged by the petitioner and family members, no

action has been taken. The following complaints and proceedings are lodged

and initiated by the petitioner and family members and the same are

tabulated below:-

Date of the Incident Date of the To whom Action Incident complaint taken given 21.02.2024 Mr.E.Veerabathiran, 22.2.2024 Superintendent of No action

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Date of the Incident Date of the To whom Action Incident complaint taken given Mr.E.Dayalan, Police, taken Mr.E.Paramasivam and Kancheepuram Mr.E.Devan carried out District fencing activity surrounding the area where my family had planted their crops 01.03.2024 Mr.Ethiraj and Inspector of Police of Instead of Mr.Naveen Raj was Uthiramerur District, registering assaulted by Kancheepura an FIR, Mr.E.Paramasivam and directed certain unknown persons. that no They threatened to kill activities both in public should take place within Mr.Ethiraj' s property.

No action taken 19.05.2024 Mr. E. Paramasivam, his 20.05.2024 No action driver Mr. taken Purushothaman and his henchmen, trespassed into Mr. Ethiraj's property with a TATA ACE vehicle (TN21 AD 9460) to install an oil run motor to be fixed in the well inside Mr. Ethiraj's property

30.05.2024 Mr. E. Veerabathiran, Mr. Panchayat President No action E. Dayalan, Mr. E. of Perunkozhi taken Paramasivam, Mr. E. Panchayat and Devan had brought in Inspector of Police of around 40 people for Uthiramerur, creating a pathway inside Kancheepuram

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Date of the Incident Date of the To whom Action Incident complaint taken given Mr. Ethiraj's property 15.06.2024 Former Panchayat 16.06.2024 16.06.2024 No action President, Gopal Reddiar taken Inspector of Police, and the Panchayat Uthiramerur and the President Ellapan and other unknown Superintendent of miscreants trespassed the Police. property and installed measuring stones 17.06.2024 Mr. Devan, Mr. 17.06.2024 SP of Uthiramerur, Police Paramasivam, Mr. Kancheepuram were Veerabathiran, Mr. Sekar, informed Mr. Purushothaman, of the village head Mr. Ellapan same and and Mr. Gopal Rediyar they along with their arrived at henchmen brought some the spot harmful weapons such as which shovels, etc threatening didn't stop to kill Mr. Ethiraj and his them family members.

01.07.2024 repeated acts of threat 01.07.2024 Superintendent of No action and violence committed Police, Kanchipuram taken by Mr. E. Veerabathiran, District Mr. E. Dayalan, Mr. E. Paramasivam and Mr. E. Devan

19.08.2024 Mr. E. Veerabathiran, Mr. Inspector of Police, No action E. Dayalan, Mr. E. Kancheepuram taken Paramasivam and Mr. E. Devan destroyed a fence worth Rs. 2 Lakhs.

23.09.2024 Mr. E. Devan had entered 24.09.2024 The Sub-Inspector of No action our property in his Police, Uthiramerur taken official Government taken signatures from BOLERO vehicle. Mr. E. Ethiraj in blank sheets

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Date of the Incident Date of the To whom Action Incident complaint taken given Devan broke one of the CCTV cameras which was capturing the incident. Mr. E. Veerabathiran, Mr. E. Devan, Mr. D. Ashwin and Ms. Bavani along with Mr. Danasekar entered into the house, ransacked the house, broke open the cupboards and took the jewels. They ignited country made bombs inside the house 23.09.2024 false counter FIR No. 24.09.2024 The Sub-Inspector of 396/2024 Police, Uthiramerur 26.09.2024 Mr. Godhandaraman, Sub-Inspector of Police visited the Chengalpat Government Hospital and made a false allegation that Mr.Ethiraj had asbconded 0610.2024 Mr. Ashwin sent abusive 07.10.2024 Deputy No action messages to me through Superintendent of taken Instagram Police, Kanchipuram District collusive behaviour of 23.10.2024 Superintendent of No action Mr. Godhandaraman, Police, taken Sub-Inspector of Police, Kancheepuram with Mr. E. Veerabathiran, Mr. ?.

Paramasivam and Mr. E. Devan

Mr. E. Veerabathiran, Mr. 25.05.2025 Inspector of Police, No action E. Paramasivam and Mr. Uthiramerur taken

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Date of the Incident Date of the To whom Action Incident complaint taken given E. Devan seeking for cancellation of Bail Mr. E. Veerabathiran, Mr. 26.05.2025 Superintendent of No action E. Paramasivam and Mr. Police taken E. Devan along with Mrs. Rani, Mrs. Yamuna Easwari, D. Ashwin and Ms. Bavani for cancellation of bail Hon'ble District Munsif 09.06.2025 Directing Inspector of Not cum Judicial Magistrate Police, Uthiramerur to complied Court passed an order register FIR to the said vide CMP No. 168/2025 order

seeking cancellation of 23.06.2025 Superintendent of No action Anticipatory bail Police and the Deputy report Superintendent of Police lice 30.06.2025 Mr. E. Paramasivam 30.06.2025 Inspector of police, No action disrobed himself in front Uthiramerur report of Mrs. Kavya Kanchana and her mother Mrs. Amudha Inspector of police, Uthiramerur Seeking cancellation of 08.07.2025 Superintendent of No action bail Police,Kancheepuram report

2. Heard the learned counsel for the petitioner and the learned

Additional Public Prosecutor and perused the materials placed on record.

3. It appears that there is a civil dispute between the parties and the

private respondents are claiming rights from their ancestors. It is admitted

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that a suit is pending in O.S.No.34 of 2024 on the file of the learned District

Munsif cum Judicial Magistrate, Uthiramerur. However, no interim order has

been passed. Such view of the matter, a blanket direction for police

protection cannot be granted. In this regard, the Hon'ble Supreme Court in

the case of P.R.Murlidharan and others vs. Swami Dharmananda Theertha

Padar and others reported in (2006) 4 SCC 501 has held that a writ petition

under the guise of seeking a writ of mandamus directing the police

authorities to give protection to a writ petitioner, cannot be made a form for

adjudicating on civil rights. For better appreciation, the relevant paragraph of

the judgment reads as follows:

17. A writ petition under the guise of seeking a writ of mandamus directing the police authorities to give protection to a writ petitioner, cannot be made a forum for adjudicating on civil rights. It is one thing to approach the High Court, for issuance of such a writ on a plea that a particular party has not obeyed a decree or an order of injunction passed in favour of the writ petitioner, was deliberately flouting that decree or order and in spite of the petitioner applying for it, or that the police authorities are not giving him the needed protection in terms of the decree or order passed by a court with jurisdiction.

But, it is quite another thing to seek a writ of mandamus directing protection in respect of property, status or right which remains to be adjudicated upon and when such an adjudication can only be got done in a properly instituted civil suit. It would be an abuse of process for a writ petitioner to approach the High Court under Article 226 of the Constitutionseeking a writ of mandamus directing the police authorities to protect his

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claimed possession of a property without first establishing his possession in an appropriate civil court. The temptation to grant relief in cases of this nature should be resisted by the High Court. The wide jurisdiction under Article 226 of the Constitution would remain effective and meaningful only when it is exercised prudently and in appropriate situations.” Emphasis supplied

4. In the very same judgment, in paragraph 12, it is held that in a given

case, a person may be held to be entitled to police protection, having regard

to the threat perception. No doubt, whenever any cognisable offence is made

out in the complaint, it is the duty of the police to register FIR and proceed

against the offenders. In the present case, taking note of various complaints

already filed by the petitioner, any bodily harm is perpetrated against the

petitioner or her family members, the police is duty bound to register the FIR

and proceed against the offenders.

5. Accordingly, this writ petition stands disposed of. No costs.

Consequently, connected miscellaneous petitions stand closed.

13.10.2025 dhk Index :Yes/No Internet:Yes/No

1. The Director General of Police Post Box No.601, Dr.Radhakrishnan Salai