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2026 DAILYLAW 20413 (KAR)

SRI. K. K. CHANDRAKUMAR v. THE STATE OF KARNATAKA

WP/9567/2025 · 2026-06-09

Suraj Govindaraj

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2026:KHC:27491 WP No. 9567 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO.9567 OF 2025 (GM-POLICE) BETWEEN: SRI. K. K. CHANDRAKUMAR, S/O LATE K.S.KARIYAPPA, AGED ABOUT 63 YEARS, R/AT KARADIGODU VILLAGE, VIRAJPETE TALUK - 571 218, KODAGU DISTRICT. …PETITIONER (BY SRI. SACHIN B.S., ADVOCATE) AND: 1. THE STATE OF KARNATAKA, DEPARTMENT OF REVENUE, BY SECRETARY, M.S. BUILDING, BANGALORE - 560 001. 2. SUPERINTENDENT OF POLICE, MADIKERI, KODAGU DISTRICT - 571 201. 3. SHO, SIDDAPUR POLICE STATION, KODAGU DISTRICT, REPRESENTED BY SPP, HIGH COURT OF KARNATAKA, BENGALURU - 560 001. 4. ASSISTANT DIRECTOR OF LAND RECORDS, VIRAJPET TALUK, KODAGU DISTRICT - 571 218. Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:27491 WP No. 9567 of 2025 5. THE DEPUTY COMMISSIONER, DISTRICT ADMINISTRATION BUILDING, STUART HILL, MADIKERI, KARNATAKA - 571 201. 6. THE JOINT DIRECTOR, DEPARTMENT OF SURVEY AND LAND RECORDS, MADIKERI - 571 201. 7. THE TAHSILDAR, VIRAJPET TALUK, KODAGU DISTRICT - 571 218. 8. THE SURVEYOR, VIRAJPET TALUK - 571 218, KODAGU DISTRICT. …RESPONDENTS (BY SRI.C.H.DEVARAJ G.A., ADVOCATE) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ENDORSEMENT DATED 04.03.2025 ISSUED BY R-3 AS WELL AS THE COMMUNICATION / LETTER DATED 26.12.2023 ISSUED BY R-4 AS PER ANNEXURE - A AND G AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. The petitioner is aggrieved by the respondents not providing adequate police protection despite the orders having been passed by the trial Court. - 3 - HC-KAR NC: 2026:KHC:27491 WP No. 9567 of 2025 2. Sri Sachin B.S., learned counsel for the petitioner would rely upon the judgment and decree dated 28.10.2024 passed in O.S.No.46/2018 passed by the Senior Civil Judge and JMFC, Virajpete, which was the suit filed by the petitioner against one Smt.K.S.Savithramma. The said suit was decreed in favour of the petitioner declaring that the petitioner is the absolute owner in possession of the suit schedule property measuring 2.65 acres in Sy.No.58/11 in Katha No.1 of Karadigod Village, Virajpete Taluk, Kodagu District. 3. His submission is that when the survey of the property was sought to be carried out, one Smt.K.S.Harini had objected to the said survey. It is in that background, endorsement at Annexure-G came to be issued by the respondents stating that the civil dispute regarding the property and as such police protection cannot be granted. 4. His submission is that such endorsement could not have been granted when there is a decree which had been passed in favour of the petitioner. Smt.K.S.Harini - 4 - HC-KAR NC: 2026:KHC:27491 WP No. 9567 of 2025 claiming under her mother namely Smt. K.S.Savithramma would also be bound by the said decree. 5. A perusal of the papers indicates that the decree passed in O.S.No.46/2018 declaring that the petitioner could be the absolute owner of the aforesaid property, the suit having been filed against Smt.K.S.Savithramma. Smt.K.S.Harini in terms of the judgment and decree dated 01.08.2025 in O.S.No.74/2018 which suit came to be dismissed by the said order. 6. I am of the considered opinion that the respondent could not have denied the police protection in term of the earlier decree passed in favour of the petitioner. As such, I pass the following ORDER (I) The writ petition is allowed. (II) A certiorari is issued. Endorsement at Annexures-A and B are quashed. (III) Respondent No.3 is directed to provide adequate police protection when the survey to be carried out by - 5 - HC-KAR NC: 2026:KHC:27491 WP No. 9567 of 2025 respondent No.4 as on the date to be fixed by respondent No.3. SD/- (SURAJ GOVINDARAJ) JUDGE PB List No.: 1 Sl No.: 24