Kanagammal vs The Superintendent of Police

Court
Madras High Court

WP Crl. No. 2065 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 16-10-2026
CORAM
THE HON'BLE MR.JUSTICE V. LAKSHMINARAYANAN
WP Crl. No. 2065 of 2026
CNR:{HCMA011651852026}
Kanagammal
W/o.Subramani,
Solakapatti Village,
Patapalli Post,
Utahngarai Taluk,
Krishnagiri District.
..Petitioner
Vs
1. The Superintendent of Police
Krishnagiri District.
2. The Deputy Superintendent of Police
Krishnagiri District.
3. The Inspector of Police
Uthangarai Police Station,
Krishnagiri District.
4. Natarajan
S/o.Duraisamy,
Etharalapatti Village,
Pochampalli Taluk,
Krishnagiri District.
5. Alagesan
S/o.Duraisamy,
Etharalapatti Village,
Pochampalli Taluk,
Krishnagiri District.
6. Palani
S/o.Madhu,
Etharalapatti Village,
Pochampalli Taluk, Krishnagiri District.
..Respondents
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WP Crl. No. 2065 of 2026
To issue a Writ of Mandamus or any other appropriate writ, order or
direction in the nature of Writ of Mandamus directing the Respondents 1 to 3 to
provide adequate police protection to the petitioner for the purpose of
peacefully cultivating and enjoying her property comprised in Survey
Nos.587/2A1, 587/2A5, 601/1, 602/5, 603/1 and 604/1 situated at Balethottam
Village, Krishnagiri District, pursuant to the decree passed in O.S.No.77 of
2026 on the file of the Learned Subordinate Judge, Uthangarai and the
subsequent delivery of possession effected on 09.03.2024 by considering the
petitioners representations dated 21.05.2025 and 24.06.2026.
For Petitioner : Mr.R.S.Selvam
for Mr.Pradeep
For Respondents : Mr.S.Yogaraja Sekar,
Counsel for Government of Tamil Nadu,
(Criminal Side) for R1 To R3
Mr.K.Ramu for R4 to R6
Order
The petitioner claims that she is in possession of the property situated in
S.Nos.587/2A1, 587/2A5, 601/1, 602/5, 603/1 and 604/1 at Balethottam
Village, Krishnagiri District, pursuant to the decree passed in O.S.No.77 of
2026 on the file of the learned Subordinate Judge at Uthangarai and on the basis
of the delivery effected on 09.03.2024.
2. The claim of the petitioner is that she filed a suit for partition in
O.S.No.77 of 2016. The preliminary decree was passed on 17.06.2017. In order
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WP Crl. No. 2065 of 2026
to convert the preliminary decree into executable final decree, she filed an
application for passing of final decree. The final decree was passed on
10.01.2023. As a portion of the property had been allotted to her in the final
decree proceedings, she presented REP.No.250 of 2023 on the file of the
learned Subordinate Judge at Uthangarai for the purpose of taking delivery.
Notice was ordered and after series of proceedings, the learned Trial Judge
recorded delivery of possession on 11.07.2024.
3. It is the grievance of the petitioner that the respondents 4 to 6 are
attempting to interfere with the peaceful possession and enjoyment of the
property, after delivery had been recorded. Hence, she gave a representation on
24.06.2026 to the respondent, seeking police protection. As the same was not
afforded, she is before this court.
4. Considering that the respondents 4 to 6 will be affected by this order, I
called upon the third respondent to serve notice on respondents 4 to 6.
5. Mr.K.Ramu has entered appearance for the respondents 4 to 6. He has
filed a typed set of papers. According to Mr.K.Ramu, though the petitioner had
filed a suit for partition for the self acquired properties of her brother Alagesan,
her brothers and sister had colluded with each other and the property had been
made the subject matter of the suit. He represents that the purchaser of the
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WP Crl. No. 2065 of 2026
property from Alagesan is in possession and enjoyment of the property. He
states that he has already filed a suit in O.S.No.129 of 2024 on the file of the
learned Subordinate Judge at Uthangarai for appropriate reliefs and seeks for
this writ petition to be dismissed.
6. Mr.S.Yogaraja Sekar, appearing for the Police, states that the Police
will comply with any direction that will be given by this court.
7. I have carefully considered the submissions made on either sides and I
have gone through the records.
8. Whether the decree obtained in O.S.No.77 of 2016 on 17.06.2017 and
the final decree passed by the court on 10.01.2023 are vitiated by collusion
between the plaintiff and the defendant cannot be a subject matter of this writ
petition. Unless and until a demonstrable fraud is shown before this court, the
endorsement made by the bailiff that delivery has been handed over to the
decree holder gets a presumptive protection under Section 114 of the Indian
Evidence Act. The records produced by both Mr.Pradeep and Mr.K.Ramu
points out that the delivery of possession had been taken by the petitioner on
11.07.2024.
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WP Crl. No. 2065 of 2026
9. If that be the position, any person, who interferes with the possession
of the petitioner, who has a civil court decree in her favour, have to be
prevented by way of police protection.
10. Whether the decree is true and genuine and binding on the purchaser
would have to be gone into in the pending civil suit. For the purpose of this writ
petition, as the petitioner has a decree in her favour, she will be entitled for the
relief prayed for. The police shall ensure that police protection is granted to the
petitioner for the property situated in Survey Nos.587/2A1, 587/2A5, 601/1,
602/5, 603/1 and 604/1 situated at Balethottam Village, Krishnagiri District.
11. With the above directions, this petition stands disposed of.
16-10-2026
nl
Index: Yes/No
Speaking/Non-speaking order
Neutral Citation: Yes/No
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WP Crl. No. 2065 of 2026
To
1. The Superintendent of Police
Krishnagiri District.
2. The Deputy Superintendent of Police
Krishnagiri District.
3. The Inspector of Police
Uthangarai Police Station,
Krishnagiri District.
4. The Public Prosecutor,
High Court of Madras
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WP Crl. No. 2065 of 2026
V.LAKSHMINARAYANAN J.
nl
WP Crl. No. 2065 of 2026
16-10-2026
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