WP CRL.(MD). No.2626 of 2025 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 19/01/2026 CORAM THE HONOURABLE MRS. JUSTICE S.SRIMATHY WP CRL.(MD). No.2626 of 2025 S.Beulaja Manikandan, ... Petitioner Vs 1. State of Tamilnadu, Rep by The Superintendent of Police,, Kaniyakumari, Kaniyakumari District.. 2. The Inspector of Police, Marthandam Police Station, Kanyakumari District. 3. Merlin Ranjith Kumar @ Melbin Sajin Kumar ... Respondents PRAYER :- Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents 1 and 2 to grant adequate police protection for demolition of the semi constructed building of the House Plot to an extent of 6.90 cents comprised in Survey No.604/10 and for the construction of new fencing 1/6 https://www.mhc.tn.gov.in/judis WP CRL.(MD). No.2626 of 2025 or compound wall to ensure safety and security of the plot in Survey Nos. 603/15, 604/8, 604/9, 604/10, 604/12, 604/13, 604/14 and 604/17C and 604/17G and 604/17H situated at Pacode-B Village, Vilavancode Taluk, Kanyakumari District, based on the representations of the petitioner dated 05.12.2025 and in terms of the Final Decree dated 15.03.2024 passed by this Court. For Petitioner : P.Praveenkumar, For R1 and R2 : Mr.A.S.Abul Kalaam Azad, Government Advocate (Crl.Side) ORDER This writ petition has been filed seeking direction to the respondents 1 and 2 to grant adequate police protection for demolition of the semi constructed building of the House Plot to an extent of 6.90 cents comprised in Survey No.604/10 and for the construction of new fencing or compound wall to ensure safety and security of the plot in Survey Nos. 603/15, 604/8, 604/9, 604/10, 604/12, 604/13, 604/14 and 604/17C and 604/17G and 604/17H situated at Pacode-B Village, Vilavancode Taluk, Kanyakumari District, based on the representations of the petitioner dated 05.12.2025 and in terms of the Final Decree dated 15.03.2024 passed by this Court. 2/6 https://www.mhc.tn.gov.in/judis WP CRL.(MD). No.2626 of 2025 2. The contention of the learned counsel for the petitioner is that admittedly there is a dispute between the petitioner and his brother, namely Akilesh Kumaran and a partition suit is pending between the parties. Schedule ‘A’ has been allotted to the petitioner, in which Survey No. 604/10 is included along with other survey numbers. The petitioner’s brother has not been allotted any property in the said survey number; instead, he has been allotted a different schedule situated in a different area. 3. However, before the partition suit, the petitioner's brother has entered into a sale agreement with the third respondent relating to the said survey No.604/10. In the partition suit, the same has not been allotted to the petitioner's brother. Therefore, the said sale agreement executed in favour of the third respondent cannot be executed at all, since the same was not allotted to the petitioner's brother. Therefore, the sale agreement is illegal agreement, it become un-implementable agreement. 3/6 https://www.mhc.tn.gov.in/judis WP CRL.(MD). No.2626 of 2025 4. The third respondent is claiming right over the property, based upon the said illegal agreement. Therefore, the third respondent has no right to prevent the petitioner from fencing the property. Therefore, the second respondent is directed to provide police protection to fence the property and also register the case, based upon the petitioner's complaint and proceed further as per law. 5. With the above directions, this Writ Petition is disposed of. No Costs. 19.01.2026 TTA TO 1.The Superintendent of Police,, Kaniyakumari, Kaniyakumari District.. 2. The Inspector of Police, Marthandam Police Station, Kanyakumari District. 3. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. 4/6 https://www.mhc.tn.gov.in/judis WP CRL.(MD). No.2626 of 2025 S.SRIMATHY,J TTA ORDER IN WP CRL.(MD) No.2626 of 2025 5/6 https://www.mhc.tn.gov.in/judis WP CRL.(MD). No.2626 of 2025 Date : 19/01/2026 6/6 https://www.mhc.tn.gov.in/judis