M. Annathurai vs The Superintendent of Police,
- Court
- Madras High Court
WP Crl.(MD) No. 4862 of 2026
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 14-10-2026
CORAM
THE HON'BLE MRS JUSTICE K. GOVINDARAJAN THILAKAVADI
WP Crl.(MD) No. 4862 of 2026
CNR:{HCMD011176892026}
AND
WMP CRL.(MD) No. 1130 of 2026
M. Annathurai ..Petitioner
Vs
1. The Superintendent of Police,
Office of the Superintendent of Police,
Sivagangai District - 630 562.
2. The Deputy Superintendent of Police,
Office of Deputy Superintendent of Police,
Manamadurai - 630 606,
Sivagangai District.
3. The Inspector of Police,
Thiruppachethi Police Station,
Thiruppachethi,
Sivagangai District - 630 610.
4. Rajendran
5. V.Bose
6. Sellamani
7. Vasanthakumar
8. Megala
9. Muthupandi
10.Ravi
11.Mayazhagu
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WP Crl.(MD) No. 4862 of 2026
12.Ramu
13.Irulupillai
14.Ponrakku
15.Muthuraja
16.Kothandam
17.Purakudaiyan
18.Meenakshisundaram
19.Murugan
20.Muniyandi
21.Ramiah
22.Panjavarnam
23.Prabhu ..Respondents
PRAYER: Writ Petition is filed under Article 226 of the Constitution of
India for issuance of Writ of Certiorarified Mandamus calling for the
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records relating to the report of the 3 respondent dated NIL received by
the Petitioner on 04.08.2026 made in Petition
No.N3/E-13679895/671/2026, C.No.901/SB-GDP/2026 and quash the
same as illegal and consequently to direct the respondents to provide
necessary and adequate police protection for the Petitioner to open and
run his shop in the name and style of “Angala Eswari Textiles Shop”
situated in S.No.81/11A and 81/11B, Door No.125-A at Thiruppachethi
Village, Thiruppuvanam Taluk, Sivagangai District within the period that
may be stipulated by this Court and pass such order or other orders as this
Court may deem fit.
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WP Crl.(MD) No. 4862 of 2026
For Petitioner: Mr.M.Ajmalkhan
Senior Counsel
for M/s. Ajmal Associates
For Respondents: M/s.N.Balasubramanian
Counsel For State of TN (Crl. Side)
for R1 to R3
M/s.S.Ramanathan for R4 to R23
ORDER
The present writ petition has been filed challenging the impugned
report/order passed by the respondent police pursuant to the directions
issued by this Court in W.P.(Crl)(MD) No. 2018 of 2026 dated
10.04.2026 and seeking a direction to the official respondents to provide
adequate police protection to the petitioner to enable him to open and run
his textile shop under the name and style “Angala Eswari Textiles Shop”
situated at Door No. 125A in the property comprised in Survey Nos.
81/11A and 81/11B, without any unlawful interference from the private
respondents.
2. The petitioner submits that he entered into a sale agreement
dated 16.09.2023 with one Dhayabaran for the purchase of the land, shop
and fittings for a total sale consideration of Rs. 45 lakhs. After the demise
of Dhayabaran on 02.05.2024, the private respondents on 24.12.2025
entered the shop with deadly weapons, prevented him from opening and
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WP Crl.(MD) No. 4862 of 2026
operating the shop, abused him in filthy language and threatened him.
The petitioner subsequently learnt that the private respondents claimed to
have advanced loans to the deceased Dhayabaran and were demanding
repayment from him. The petitioner claims that he informed them that
any claim arising out of such alleged loan transactions ought to be
pursued against the legal heirs of the deceased and that he had no
connection with those transactions.
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3. The petitioner lodged a complaint before the 3 respondent
police on 24.12.2025 which was assigned CSR No. 615 of 2025. During
the enquiry, an undertaking was allegedly obtained from both parties,
under which the private respondents agreed to purchase the shop for Rs.
47 lakhs within 90 days and the petitioner agreed to execute a sale deed
in their favour upon receipt of the agreed consideration. It was further
agreed that, in the event of failure to pay the amount within the stipulated
period, the petitioner would be at liberty to run the shop without
obstruction.
4. The petitioner submits that, despite the expiry of the stipulated
period on 24.03.2026, the private respondents neither paid the agreed
consideration nor permitted him to run the shop. When the petitioner
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WP Crl.(MD) No. 4862 of 2026
attempted to reopen the shop on 26.03.2026, the private respondents
allegedly came there with deadly weapons, threatened him and abused
him. Consequently, the petitioner lodged a further complaint and
submitted a representation on 02.04.2026 seeking police protection. Since
no effective action was taken, the petitioner approached this Court by
filing W.P.(Crl) (MD) No. 2018 of 2026. By order dated 10.04.2026, this
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Court directed the 3 respondent police to issue notice under Section 64
of the BNSS, 2023, conduct an enquiry and complete the proceedings
within four weeks. As the petitioner alleged non compliance with the said
directions, contempt proceedings were initiated. Subsequently, the
impugned report was sent by registered post and received by the
petitioner on 04.08.2026. Hence, the petitioner was constrained to file the
present writ petition.
5. The petition was opposed by the official respondents stating that
the request of the petitioner was declined for the reason that, if the
petitioner is permitted to open the shop it would result in law and order
problem. Hence prayed for dismissal of the writ petition.
6. Heard. Records perused.
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WP Crl.(MD) No. 4862 of 2026
7. The petitioner relied upon a registered sale deed dated
03.06.2024, Patta No. 223 and his assertion of possession and enjoyment
of the property. He also relies upon the compliant dated 24.12.2025, the
subsequent complaint relating to the alleged incident dated 26.03.2026
and the undertaking stated to have been obtained during police enquiry.
8. The claim of the private respondents that they had advanced
loans to the deceased Dhayabaran, even if established, would not by itself
authorize them to forcibly interfere with the petitioner's possession or
obstruct his business. Any claim for recovery of money must be pursued
through the remedies available under law. The apprehension expressed by
the police officials that the private respondents and their relatives may
blockade the shop and create a law and order problem cannot, by itself,
justify leaving the petitioner without protection against alleged unlawful
acts. If there is a genuine apprehension of obstruction or violence, it is the
duty of the police to take preventive measures in accordance with law.
9. In these circumstances, this Court is of the view that the
petitioner's representation requires appropriate consideration by the
jurisdictional police, having regard to the documents relied upon by him,
the allegations of threats and obstructions, and the need to maintain
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WP Crl.(MD) No. 4862 of 2026
public order. However, the grant of police protection must remain
confined to preventing unlawful interference and cannot be construed as
an adjudication of the disputed civil rights of the parties.
10. Accordingly, the writ petition is disposed of with the following
directions:
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(i) The 3 respondent police shall reconsider the petitioner's
request for police protection in the light of the sale deed dated 03.06.2024
and shall take appropriate steps to prevent unlawful obstructions, threats
or violence by the private respondents or any person acting on their
behalf.
(ii) The private respondents shall be at liberty to pursue any
genuine claim arising out of the alleged loan transactions before the
competent civil court or other appropriate forum. They shall not resort to
force or intimidation to recover any alleged debt or interfere with the
petitioner's lawful possession.
11. With the above directions, the writ petition is disposed of.
14-10-2026
NCC : Yes/No
Index : Yes / No
Internet : Yes / No
mar/skn
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WP Crl.(MD) No. 4862 of 2026
To
1. The Superintendent of Police,
Office of the Superintendent of Police,
Sivagangai District - 630 562.
2. The Deputy Superintendent of Police,
Office of Deputy Superintendent of Police,
Manamadurai - 630 606,
Sivagangai District.
3. The Inspector of Police,
Thiruppachethi Police Station,
Thiruppachethi,
Sivagangai District - 630 610.
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WP Crl.(MD) No. 4862 of 2026
K.GOVINDARAJAN THILAKAVADI J.
mar/skn
WP Crl.(MD) No. 4862 of 2026
AND
WMP CRL.(MD) No. 1130 of 2026
14-10-2026
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