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2026 DAILYLAW 44746 (MAD)

Saroja v. The Deputy Superintendent of Police

WP Crl./1416/2026 · 2026-06-24

G K Ilanthiraiyan

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

W.P.Crl.Nos.1416 & 1417 of 2026 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 24.06.2026 CORAM: THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN WP.Crl.Nos.1416 & 1417 of 2026 WP.Crl.No.1416 of 2026 Saroja ... Petitioner Vs. 1.The Deputy Superintendent of Police, Mettur Sub Division, Salem District. 2.The Tahsildar, Mettur Taluk, Salem District. 3.The Inspector Of Police, Mecheri Police Station, Salem. 4.Indumathi 5.Tamilvannan 6.Indujaa 7.Dhanam 8.Mangalam ... Respondents Prayer: Writ Petition(Crl.) filed under Article 226 of Constitution of India praying to issue a Writ of Mandamus directing the 3rd respondent to provide adequate police protection to the petitioner for fixing a thorn fence around the petitioner’s lands comprised in Survey Nos. S.No.156/4 https://www.mhc.tn.gov.in/judis W.P.Crl.Nos.1416 & 1417 of 2026 an extent of 0.13.92 Ares and S.No.212/1 of an extent of 0.27.00 Ares, in Mecheri Village, Mettur Taluk, Salem District by considering the representation dated 07-04-2026 For Petitioner : Mr.M.Rajasekhar For Respondents For R1 to 3 : Mr.R.Ganesh Kumar, Counsel for Government of Tamil Nadu (Criminal Side) WP.Crl.No.1417 of 2026 Shanmuga Sundaram ... Petitioner Vs. 1.The Deputy Superintendent of Police, Mettur Sub Division, Salem District. 2.The Tahsildar, Mettur Taluk, Salem District. 3.The Inspector Of Police, Mecheri Police Station, Salem. 4.Indumathi 5.Tamilvannan 6.Indujaa 7.Dhanam 8.Mangalam ... Respondents Prayer: Writ Petition(Crl.) filed under Article 226 of Constitution of India https://www.mhc.tn.gov.in/judis W.P.Crl.Nos.1416 & 1417 of 2026 praying to issue a Writ of Mandamus directing the 3rd respondent to provide adequate police protection to the petitioner for fixing a thorn fence around the petitioner’s lands comprised in Survey Nos. S.No.156/4 an extent of 0.13.92 Ares and S.No.212/1 of an extent of 0.27.00 Ares, in Mecheri Village, Mettur Taluk, Salem District by considering the representation dated 07-04-2026 For Petitioner : Mr.M.Rajasekhar For Respondents For R1 to 3 : Mr.R.Ganesh Kumar, Counsel for Government of Tamil Nadu (Criminal Side) COMMON ORDER These writ petitions have been filed praying to issue a direction to the 3rd respondent to provide adequate police protection to the petitioner for fixing a thorn fence around the petitioner’s lands comprised in Survey Nos. S.No.156/4 an extent of 0.13.92 Ares and S.No.212/1 of an extent of 0.27.00 Ares, in Mecheri Village, Mettur Taluk, Salem District by considering the representation dated 07-04-2026 2. Heard the learned counsel for the petitioners and the learned Counsel for Government of Tamil Nadu (Criminal Side) appearing for respondents 1 to 3. Page 3 of 8 https://www.mhc.tn.gov.in/judis W.P.Crl.Nos.1416 & 1417 of 2026 3. The mother of the petitioner in WP.Crl.No.1416 of 2026 had executed settlement deed in favour of the petitioner in WP.Crl.No.1416 of 2026 on 04.06.2025 in respect of the property comprised in survey No. S.No.212/1B to an extent of 0.27.00 ares situated at Mecheri Village, Mettur Taluk, Salem District by the registered settlement deed vide document No.2243/2025. The said mother also executed another settlement deed in favour of the petitioner in WP.No.1417 of 2026 in respect of the property comprised in survey no.S.No.156/4 to an extent of 0.13.92 ares and S.No.212/1 to an extent of 0.27.00 ares situated at Mecheri Village, Mettur Taluk, Salem District vide document No.2242/2025. Even before the settlement deed, the mother filed partition suit against her sisters and her brothers in O.S.No.141 of 2004 on the file of the District Munsif Court, Mettur. It was allowed and aggrieved by the same, the defendants filed appeal suit in AS.No.21 of 2011 on the file of the Sub Court, Mettur. It was also dismissed, which was confirmed by the judgment of this Court in SA.No.1132 of 2014. In pursuant to the judgment and decree, the mother of the petitioner in WP.no.1416 of 2026 filed execution application and the trial court appointed advocate commissioner. Thereafter, the said properties were given possession to the mother of the petitioner in WP.No.1416 of 2026 in EP.No.1 of 2023 in OS.No.141 of 2004. Even then, respondents 4 to 8 disturbed the https://www.mhc.tn.gov.in/judis W.P.Crl.Nos.1416 & 1417 of 2026 possession and enjoyment of the said property and as such, the mother of the petitioner in WP.No.1416 of 2026 lodged complaint and filed writ petition before this Court in WP.No.13830 of 2024 seeking police protection. This Court directed the first respondent to give police protection while fencing the properties as per the final decree dated 03.06.2024. Even then, she could not fence her property since respondents 4 to 8 kept on disturbing her possession and enjoyment of the suit properties. In fact, as per the partition decree, she was issued patta. It was also challenged by the defendants and the same was also dismissed. 4. In view of the above discussion, the third respondent is directed to conduct enquiry after issuance to the notice to the petitioners and respondents 4 to 8 and, on giving opportunity of personal hearing to them, to pass orders in respect of providing adequate police protection to the petitioners’ lands comprised in Survey Nos. S.No.156/4 an extent of 0.13.92 Ares and S.No.212/1 of an extent of 0.27.00 Ares, in Mecheri Village, Mettur Taluk, Salem District while fencing, within a period of four weeks from the date of receipt of this order. It is also made clear that if any cognizable offence is made out against respondents 4 to 8, the third respondent shall register FIR and proceed against them in accordance with law. https://www.mhc.tn.gov.in/judis W.P.Crl.Nos.1416 & 1417 of 2026 5. With the above directions, both the writ petitions are allowed. There shall be no order as to costs. 24.06.2026 Index : Yes/No Neutral citation : Yes/No Speaking/non-speaking order lok https://www.mhc.tn.gov.in/judis W.P.Crl.Nos.1416 & 1417 of 2026 To 1.The Deputy Superintendent of Police, Mettur Sub Division, Salem District. 2.The Tahsildar, Mettur Taluk, Salem District. 3.The Inspector Of Police, Mecheri Police Station, Salem. 4.The Public Prosecutor, High Court of Madras https://www.mhc.tn.gov.in/judis W.P.Crl.Nos.1416 & 1417 of 2026 G.K.ILANTHIRAIYAN, J. lok WP.Crl.Nos.1416 & 1417 of 2026 24.06.2026 https://www.mhc.tn.gov.in/judis