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2026 DAILYLAW 54649 (MAD)

S.Kasirajan v. The Secretary

WP Crl./1621/2026 · 2026-07-21

G K Ilanthiraiyan

Transfer Petitionbody2026

Judgment text

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W.P.Crl.No.1621 of 2026 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 21.07.2026 CORAM: THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN W.P.Crl.No.1621 of 2026 S.Kasirajan ... Petitioner Vs. 1.The Secretary, Government of Tamil Nadu, Fort St.George, Chennai 600 009 2.The Director General of Police, Government of Tamil Nadu, Mylapore, Chennai 600 004 3.The Commissioner of Police, Greater Chennai Corporation, Vepery, Chennai 600 007 ... Respondents Prayer: Writ petition(Crl.) filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing the respondents herein to restore adequate police protection to the petitioner from the Armed Reserve Police, Chennai based on the High Court final order dated 11.04.2022 made in W.P.No.7549 of 2011 within the time frame that may be fixed by this High Court by considering the petitioner’s representation dated 14.02.2026 https://www.mhc.tn.gov.in/judis W.P.Crl.No.1621 of 2026 For Petitioner : Mr.R.C.Paulkanagaraj for Mr.S.B.Viswanathan For Respondents : Mr.R.Ganesh Kumar, Counsel for Government of Tamil Nadu (Criminal Side) ORDER This writ petition has been filed praying for a direction to the respondents to restore adequate police protection to the petitioner from the Armed Reserve Police, Chennai based on the final order dated 11.04.2022 passed by this Court in W.P.No.7549 of 2011 and by considering the representation dated 14.02.2026. 2. The petitioner is an advocate by profession. He appeared on behalf of the decree holder in EP.Nos.50 & 51 of 1988 in OS.No.64 of 1969 on the file of the Sub Court, Pattukottai, Thanjavur District. While he was appearing before the execution court, he was brutally attacked by the politicians cum land grabbers, thereby sustained grievous injuries on his entire body. Fortunately, he escaped from the hands of the accused. Therefore, on his complaint, FIR was registered in Crime No.162 of 2010 on the file of the Inspector of Police, Pattukottai Police Station, Thanjavur for the offence punishable under Sections 147, 148, 323, 324 https://www.mhc.tn.gov.in/judis W.P.Crl.No.1621 of 2026 and 307 of IPC. Thereafter with police aid, the decree was executed by evicting the illegal occupiers from the subject land of the aforementioned suit and successfully taken possession of the property in favour of the petitioner’s client. In fact on the date of taking delivery of physical possession of the subject property i.e. on 04.06.2010, the accused persons prevented the bailiff from implementing the order of eviction proceedings. Therefore, complaint was given and the same was registered in Crime No.245 of 2010 on the file of the Inspector of Police, Pattukottai Police Station, Thanjavur on 04.06.2010 for the offence punishable under Sections 147, 294(b), 353, 506(ii) of IPC. Therefore, from the date of registration of FIR and from the date of taking physical possession of the subject property in the suit, the petitioner is facing life threat from the land grabbers and also from the accused in both the crime numbers. As such, the petitioner was constrained to file writ petition before this Court in WP.No.7549 of 2011 for transfer of investigation in Crime No.162 of 2010 and also requested for police protection. This Court by interim orders dated 25.03.2011, 19.04.2011 & 12.07.2012, ordered police protection and the same was granted to the petitioner. Finally, this Court by order dated 11.04.2022, ordered police protection to the petitioner. Though the petitioner was provided with continuous police protection, due to the election for the Tamil Nadu Assembly, police protection https://www.mhc.tn.gov.in/judis W.P.Crl.No.1621 of 2026 granted to the petitioner was withdrawn. Therefore, the petitioner has filed the present writ petition. 3. In the meantime, in both the FIR’s, the investigation agency completed investigation and filed final report and the same has been taken cognizance by the trial court. Now the trial is pending in SC.No.47 of 2024 on the file of the Additional Sub Court, Thanjavur, in which the petitioner is the main victim and he is deposing as PW1. Pending the writ petition, the petitioner was provided with police protection while deposing before the trial court. Even till today, the petitioner is facing threat from the accused persons since all the accused persons are notorious criminals and they involved in some other cases by committing serious offences as against the society. It is unfortunate to state that the petitioner, being an advocate, is facing life threat even for giving evidence before the trial court. 4. On perusal of records, it is revealed that the accused persons are supported by politicians and they were prevented from grabbing valuable lands by the petitioner. Therefore, the accused persons with the support of politicians threatened the petitioner with dire consequences. Page 4 of 8 https://www.mhc.tn.gov.in/judis W.P.Crl.No.1621 of 2026 5. The learned Counsel for Government of Tamil Nadu (Criminal Side) appearing for the respondents submitted that the petitioner was originally provided with police protection at the time of giving evidence before the trial court. However, even before election notification, police protection provided to the petitioner was withdrawn since the police intelligence report said that there was no life threat to the petitioner at the hands of the accused. 6. It is seen that by communication dated 27.03.2026, the Additional Chief Secretary to Government sent communication to the Director General of Police to take appropriate action and to send action taken report. However, so far the request made by the petitioner has not been considered by the second and third respondents. 7. In view of the above, the third respondent is directed to provide police protection round-the-clock, consisting of two constables with necessary arms, to the petitioner forthwith. The Inspector of Police, Pattukottai Police Station, Thanjavur District must ensure the petitioner’s safety while giving evidence before the trial court in SC.No.47 of 2024 on the file of the Additional Sub Court, Thanjavur. It is also made clear that even after completion of trial in SC.No.47 of 2024, the third https://www.mhc.tn.gov.in/judis W.P.Crl.No.1621 of 2026 respondent shall not withdraw the police protection provided to the petitioner. Further, Inspector of Police, Pattukottai Police Station, Thanjavur is directed to complete the investigation and file final report in Crime No.245 of 2010 within a period of eight weeks from the date of receipt of this order, if not already filed. 8. With the above directions, this writ petition is disposed of. There shall be no order as to costs. 21.07.2026 Index : Yes/No Neutral citation : Yes/No Speaking/non-speaking order lok https://www.mhc.tn.gov.in/judis W.P.Crl.No.1621 of 2026 To 1.The Secretary, Government of Tamil Nadu, Fort St.George, Chennai 600 009 2.The Director General of Police, Government of Tamil Nadu, Mylapore, Chennai 600 004 3.The Commissioner of Police, Greater Chennai Corporation, Vepery, Chennai 600 007 4.The Inspector of Police, Pattukottai Police Station, Thanjavur District 5.The Public Prosecutor, High court of madras https://www.mhc.tn.gov.in/judis W.P.Crl.No.1621 of 2026 G.K.ILANTHIRAIYAN. J, lok W.P.Crl.No.1621 of 2026 21.07.2026 https://www.mhc.tn.gov.in/judis