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2025 DAILYLAW 6936 (MAD)

S.P.JAYARAJ v. The State of Tamil Nadu Rep by, The Superintendent of Police,

WP Crl./337/2025 · 2026-06-10

G K Ilanthiraiyan

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

WP Crl. No. 337 of 2025 __________ Page1 of 5 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 10-06-2026 CORAM THE HON'BLE MR JUSTICE G.K. ILANTHIRAIYAN WP Crl. No. 337 of 2025 S.P.Jayaraj ..Petitioner(s) Vs 1. The State of Tamil Nadu Rep by, the Superintendent of Police, District Police Office, Tiruvarur. 2. The Deputy Superintendent of Police, Office of the DSP, Nannilam, Tiruvarur District. 3. The Inspector of Police, Kodavasal Police Station, Kodavasal and Post, Tiruvarur District. 4. Tamilarasi 5. R.Babu ..Respondent(s) Prayer: This Writ Petition is filed under Article 226 of the Constitution of India, seeking for a Writ of Mandamus, directing the respondents 1 to 3 to give suitable protection to the petitioner as against the unlawful act of the respondents 4 and 5 or their men from restraining or causing any disturbances at the time of fixing and repairing the living fences pertaining to petitioner’s land. For Petitioner(s): Mr.K.M.Subramanian https://www.mhc.tn.gov.in/judis WP Crl. No. 337 of 2025 __________ Page2 of 5 For Respondent(s): Mr.R.Ganesh Kumar, Counsel for Government of Tamil Nadu, (Criminal Side) for RR1 to 3 Mr.G.Govarthanan for R4 & R5 ORDER This Writ Petition has been filed seeking police protection to the petitioner at the hands of the respondents 4 and 5 herein at the time of fixing and repairing the living fences pertaining to the petitioner’s land in S.No.90/10 at Kappanamangalam Village, Tiruvarur Taluk. 2.The case of the petitioner is that the petitioner owns a land comprised in Sy.No.90/10 measuring to an extent of 0.20.0 ares at Kappanamangalam Village at Tiruvarur Taluk and District. While being so, the respondents 4 and 5, who are adjacent land owners, dispute the petitioner’s possession and enjoyment of the suit property. Therefore, the petitioner was constrained to file a suit for permanent injunction in O.S.No.86 of 2020 on the file of the District Munsif, Tiruvarur, which was decreed by the Judgment and Decree dated 11.03.2025. 3.Even then, the petitioner was objected to while he was fixing and repairing the living fences in and around his property by the respondents 4 and 5. Therefore, the petitioner also lodged a compliant and the same has been registered in Crime No. 164 of 2025 for the offences under Section 296(b), 131, https://www.mhc.tn.gov.in/judis WP Crl. No. 337 of 2025 __________ Page3 of 5 351(2) of the BNS on the file of the third respondent Police. The third respondent Police after completion of investigation, filed a final report and the same has been taken cognisance in C.C.No.140 of 2025 on the file of the Judicial Magistrate, Kodavasal, Thiruvarur District and it is pending trial. Now, the petitioner has submitted a representation seeking police protection to the petitioner at the time of fixing and repairing the living fences pertaining to the petitioner’s land. 4.The learned counsel for the respondents 4 and 5 submits that aggrieved by the Judgment of the District Munsif, Thiruvarur dated 11.03.2025 in O.S.No.86 of 2020, they have preferred an appeal suit in A.S.No.7 of 2025 on the file of the Sub-Court, Thiruvarur. 5.In view of the above, the third respondent is directed to conduct an enquiry on the compliant lodged by the petitioner dated 11.06.2025 seeking police protection and to pass appropriate orders, in accordance with law. 6.The Writ Petition (Criminal) is disposed of accordingly. No costs. 10-06-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No TSG https://www.mhc.tn.gov.in/judis WP Crl. No. 337 of 2025 __________ Page4 of 5 To 1. The State of Tamil Nadu Rep by, the Superintendent of Police, District Police Office, Tiruvarur. 2. The Deputy Superintendent of Police, Office of the DSP, Nannilam, Tiruvarur District. 3. The Inspector of Police, Kodavasal Police Station, Kodavasal and Post, Tiruvarur District. 4. The District Munsif cum Judicial Magistrate, Kodavasal, Thiruvarur. 5. The Sub-Court, Thiruvarur. 6. The Public Prosecutor, Madras High Court. https://www.mhc.tn.gov.in/judis WP Crl. No. 337 of 2025 __________ Page5 of 5 G.K.ILANTHIRAIYAN, J. TSG WP Crl. No. 337 of 2025 10-06-2026 https://www.mhc.tn.gov.in/judis