Madras High Court
S.Ganesh vs The Sub-Inspector Of Police on 9 September, 2025
Author: N.Sathish Kumar
Bench: N.Sathish Kumar
W.P.(Crl.)No.47 of 2025
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 09.09.2025
CORAM
THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR
W.P.(Crl.)No.47 of 2025
S.Ganesh
S/o.Subbaraya Padayachi ... Petitioner
versus
1. The Sub-Inspector of Police
Muthandikuppam Police Station
Muthandikuppam, Panruti Taluk
Cuddalore District.
2. Mr.Murugan
S/o.Rajamanickam
3. Vijaya
W/o.Kasi ... Respondents
Writ Petition filed under Article 226 of Constitution of India, praying
to issue a Writ of Mandamus, directing the 1st respondent to grant
protection to the petitioner in enjoying the property bearing New
S.No.243/1 Ac.0.04-Old S.No.281/1 in Meliruppu Village, Panruti Taluk,
Cuddalore District, by considering the petitioner's representation dated
17.04.2025.
Pg.Nos.1/5
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W.P.(Crl.)No.47 of 2025
For Petitioner : Mr.D.Baskar
For Respondents : Mr.K.M.D.Muhilan
Additional Public Prosecutor, for R1
Mr.A.M.Rahamath Ali, for R3
ORDER
This Writ Petition is filed seeking for issuance of a Writ of
Mandamus to direct the 1st respondent to grant protection to the petitioner
in enjoying the property bearing New S.No.243/1 Ac.0.04-Old S.No.281/1
in Meliruppu Village, Panruti Taluk, Cuddalore District, by considering his
representation dated 17.04.2025.
2. According to the petitioner, he entered into an agreement of sale
dated 30.01.1996 with one Rajamanickam, who is the father of respondents
2 and 3 herein in respect of the property bearing New S.No.243/1 Ac.0.04-
Old S.No.281/1 in Meliruppu Village, Panruti Taluk, Cuddalore District for
a sale consideration of Rs.11,000/-. However, the said Rajamanickam failed
to complete the sale and hence, the petitioner has filed a suit in O.S.No.24
of 1998 seeking for specific performance as against the said Rajamanikam
in respect of 4 cents of subject property with specific boundaries and that
the said suit was ultimately decreed in his favour in S.A.No.216 of 2007.
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Thereafter, the sale deed was executed in his favour in execution
proceedings and delivery was also effected on 16.10.2024 in E.P.N.58 of
2017 and recorded on 05.11.2024. In the meanwhile, the original judgment
debtor died and the respondents 2 and 3 herein, who are the son and
daughter of the original judgment debtor are trying to interfere with the
peaceful possession of the petitioner in respect of the subject property and
hence, the petitioner has come forward with the present petition seeking
Police protection.
3. Heard the learned counsel for the petitioner, the learned Additional
Public Prosecutor for the first respondent and the learned counsel for the
third respondent and also perused the materials available on record.
4. At the outset, insofar as 4 cents of the subject property is
concerned, specific boundaries have been given and father of the
respondents 2 and 3 was also a party to the suit in O.S.No.24 of 1998 and
delivery was also effected in respect of the subject property in favour of the
petitioner and the same issue has reached finality.
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5. In view of the above, the respondents 2 and 3 have no say that the
subject property is their property and hence, the respondent-Police is hereby
directed to give necessary protection to the petitioner by considering his
representation dated 17.04.2025.
6. With the above direction, this Writ Petition is disposed of. There
shall be no order as to costs.
09.09.2025
Index: Yes/No
Speaking Order : Yes/No
Neutral Citation Case : Yes/No
ms
To
1. The Sub-Inspector of Police
Muthandikuppam Police Station
Muthandikuppam Panruti Taluk
Cuddalore District.
2. The Public Prosecutor,
High Court, Madras.
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N.SATHISH KUMAR, J.
ms
09.09.2025
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