Saminathan v. The Superintendent of Police

ORDER This Writ Petition (Criminal) has been filed seeking a direction to the third respondent to consider the representation submitted by the petitioner for adequate police protection to remove a shed which was illegally erected by the fourth respondent in the petitioner's property comprised in Survey No.1014/1, measuring an extent of 42 cents, situated at Chinnakalrayan North Revenue Village, Pethanayakanpalayam Taluk, Salem District.

¶2Heard the learned counsel appearing for the petitioner and the learned Counsel for Government of Tamil Nadu (Criminal Side) appearing for the respondents 1 to 3. Perused the materials available on record.

¶3The petitioner's power of attorney holder filed a suit and obtained a decree against the fourth respondent for recovery of possession in respect of the Page3 of 5 property comprised in Survey No.1014/1, measuring an extent of 42 cents, situated at Chinnakalrayan North Revenue Village, Pethanayakanpalayam Taluk, Salem District, by Judgment and Decree dated 09.07.2024. In order to execute the said decree, the petitioner has now approached this Court seeking police protection without filing an execution petition. The petitioner ought to have approached the Civil Court for executing the decree. The possession of the subject property cannot be taken with the aid of the police.

¶4In view of the above, the direction sought for in this petition cannot be considered. Thus, the writ petition lacks merit and is liable to be dismissed. Accordingly, this Writ Petition (Criminal) stands dismissed. No costs. 03-07-2026 Index: Yes/No Speaking/Non-speaking order LPP To

¶1The Superintendent of Police O/o.The Superintendent of Police,

¶2The Deputy Superintendent of Police O/o. The Deputy Superintendent, Attur, Page4 of 5

¶3The Inspector of Police Karumathurai Police Station, Karumathurai,

¶4The Public Prosecutor, High Court, Madras. Page5 of 5 G.K.ILANTHIRAIYAN J. LPP 03-07-2026

Page1 of 5 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 03-07-2026 CORAM THE HON'BLE MR JUSTICE G.K. ILANTHIRAIYAN Saminathan S/o.Karuppaiya, No.6/1539, Chinnasalempatti Village, Kannanur, Thuraiyur Taluk, Trichy District. ..Petitioner Vs 1. The Superintendent of Police O/o.The Superintendent of Police, 2. The Deputy Superintendent of Police O/o. The Deputy Superintendent, Attur, 3. The Inspector of Police Karumathurai Police Station, Karumathurai, 4. Neela W/o.Ayyasami, Karumathurai Village, Chinnakalrayan Malai North, Pethanayakanpalayam, Attur, ..Respondents Page2 of 5 Prayer : Writ Petition (Criminal) filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, to direct the 3rd Respondent to provide adequate police protection to remove the shed which was illegally made by the 4th respondent in his property in Survey No.1014/1 for an extent of 42 cents which is situated at Chinnakalrayan North Revenue Village, Pethanayakanpalayam Taluk, Salem District based on his representation dated 05.06.2026. For Petitioner: Mr.K.Arunraj For Respondents: Mr.R.Ganesh Kumar Counsel for Government of Tamil Nadu (Criminal Side) for R1 to R3