WP Crl. No. 1487 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 02-12-2025 CORAM THE HONOURABLE MR JUSTICE A.D.JAGADISH CHANDIRA WP Crl.No. 1487 of 2025 Periyan @ Periyagoundar Petitioner(s) Vs 1. The District Collector Office of the District Collector, Salem District. 2.The Superintendent of Police Salem District. 3.The Tahsildar Office of Tahsildar, Salem District. 4.The Inspector of Police Yercuad Police Station, Salem District. 5.Ramar S/o. Vellamani 6.Vellamani S/o. Annigoundar 7.Chinnavellaiyan S/o. Vellaiyan 8.Andiyappan S/o. Annamalai 9.Prabhu S/o. Perumal 10.Mathaiyan S/o. Balan https://www.mhc.tn.gov.in/judis WP Crl. No. 1487 of 2025 11.Sathish S/o. Mathiyan, 12.Kariraman S/o. Malaiyan 13.Kumar S/o. Kannaiyan 14.Mathaiyan S/o. Chinnan 15.Dhasan S/o. Chinnaperiyan 16.Ramalingam S/o. Periyan 17.Jeyapal S/o. Sadaiyan 18.Sevanthal S/o. Vellaiyan 19.Kumar S/o. Ramasamy 20.Kumar S/o. Moiyan 21.Chinnasamy S./o. Chinnagounder 22.Asokan S/o.Ramar 23.Vengattan S/o. Arunachalam 24.Raja S/o. Gundu@ Chinnan https://www.mhc.tn.gov.in/judis WP Crl. No. 1487 of 2025 25.Periyan S/o. Perumal 26.Ramar S/o. Perumal Goundar 27.Ramar S/o. Vellaiyan 28.Thangavel S/o. Rajadurai 29.Katta Chinaan S/o. Chinaan 30.Katta Chinaan S/o. Annamalai 31.Chinaan S/o. Maatheyan 32.Chinna Goundar S/o. Ramar 33.Mootiya Vellaiyan S/o. Ramar, 34.Vellaiyan S/o. Matheyan, 35.Chinna Gounder S/o. Perumal 36.Kumar S/o. Kanniyan 37.Annamalai S/o. Chinnan, 38.Anasappan S/o.Ramar https://www.mhc.tn.gov.in/judis WP Crl. No. 1487 of 2025 39.Ramar S/o.Mani, 40.Lakshmanan S/o. Theerthan 41.Venkatesh S/o. Vellaiyan 42.Ramar Respondent(s) PRAYER Writ Petition (Criminal) filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the 1st and 2nd respondents to ensure the immediate removal of the illegal fence and restore unobstructed access to the Petitioner’s property in Survey No.19/2, Yercaud Sonapady Village, Salem District and to act upon the petitioner’s representation dated 27.10.2025 and by providing adequate police protection to the Petitioner and his family members including subject matter of the property in the light of the permanent injunction granted by the learned Principal District Munsif, Salem, in O.S.No.865 of 2014, dated 23.08.2021. For Petitioner(s): Mr.M.Dinesh For Respondents: Mr.S.Santhosh, Government Advocate (Crl. Side) ORDER This writ petition has been filed seeking a direction to the respondents 1 and 2 to ensure the immediate removal of the illegal fence and restore the unobstructed access to the petitioner’s property in Survey No.19/2, Yercaud Sonapady Village, Salem District and to act upon the petitioner’s representation dated 27.10.2025 by providing adequate police protection to the petitioner and https://www.mhc.tn.gov.in/judis WP Crl. No. 1487 of 2025 his family members, including subject matter of the property in the light of the permanent injunction granted by the learned Principal District Munsif, Salem in O.S.No.865 of 2014 vide Judgment dated 23.08.2021. 2. When the matter was taken up for hearing today, the learned Government Advocate (Crl. Side) appearing for the respondents 1 to 4 submitted that based on the representation of the petitioner dated 27.10.2025, an enquiry is being conducted in CSR No.265 of 2025 and the same is pending. He further submitted that there is a civil dispute pending between the petitioner and the private respondents and civil suit is also pending between them. 3. Having heard the learned counsel appearing on either side and upon perusal of the materials available on record, this Court is of the view that when there is a rival claim by the opposite party, the practice of granting blanket police protection, especially in respect of immovable property without title being established, may lead to serious consequences. In this context, it is apropos to point out that the Hon'ble Apex Court, in PR.Muralidharan and others Vs. Swami Dharmananda Theertha Padar, reported in (2006) 4 SCC 501, has held as follows: ''...19.A Writ for ''Police Protection “so-called, has only a limited scope, as when the Court is approached for protection of rights declared by a decree or by an order passed by a civil Court. It cannot be extended to cases where https://www.mhc.tn.gov.in/judis WP Crl. No. 1487 of 2025 rights have not been determined either finally by the civil Court or, at least at an interlocutory stage in an unambigous manner, and then too in furtherance of the decree or order.'' 4. Accordingly, this Writ Petition (Criminal) stands closed. The petitioner is at liberty to work out the remedy before the Civil Court in accordance with law. No costs. 02-12-2025 vum Index:Yes/No Speaking/Non-speaking order To 1.The District Collector Office of the District Collector, Salem District. 2.The Superintendent of Police Salem District. 3.The Tahsildar Office of Tahsildar, Salem District. 4.The Inspector of Police Yercuad Police Station, Salem District. 5. The Public Prosecutor, Madras High Court, Chennai https://www.mhc.tn.gov.in/judis WP Crl. No. 1487 of 2025 A.D.JAGADISH CHANDIRA J. vum WP Crl. No. 1487 of 2025 02-12-2025 https://www.mhc.tn.gov.in/judis