Judgment · High Court
Case at a glance
Outcome
Dismissed
In view of the above, this writ petition stands dismissed
Provisions considered
- Constitution of India art. 226
Key paragraphs
- Para 44. At the out set, this Court is unable to countenance the submission of the learned counsel for the petitioner. If at all, any attempt is made to interfere with the peaceful possession of the petitioner, it is for the petitioner Page 2 of 4…
Judgment
W.P.Crl. No.639 of 2025IN THE HIGH COURT OF JUDICATURE AT MADRASDATED: 18.08.2025CORAM:THE HONOURABLE MR. JUSTICE N. SATHISH KUMARW.P.Crl. No.639 of 2025 Pastor S.Arun ... PetitionerVersus1.The District CollectorNamakkal District, Namakkal2.The Superintendent of PoliceNamakkal District, Namakkal3.The TahsildarSendamangalam Taluk OfficeSendamangalam, Namakkal District4.The Inspector of PoliceSendamangalam Police StationNamakkal District .. RespondentsPRAYER: Writ Petition is filed under Article 226 of Constitution of India, pleased to issue a Writ of Mandamus, directing the respondents 1 to 4 to give police protection to construct a protective compound wall around the graveyard situated in Tamil Baptist Church (SBM), Sendamangalam Taluk, Namakkal District and ensure its safety from further desecration or interference. For Petitioner: Mr.K.BalajiPage 1 of 4 https://www.mhc.tn.gov.in/judis W.P.Crl. No.639 of 2025 For Respondents: Mr.R.Vinothraja Government Advocate (Crl. Side)ORDERThe writ petition has been filed seeking to direct the respondents 1 to 4 to give police protection to construct a protective compound wall around the graveyard situated in Tamil Baptist Church (SBM), Sendamangalam Taluk, Namakkal District and ensure its safety from further desecration or interference.
It is the contention of the learned counsel for the petitioner some miscreants unlawfully entered the church and desecrated the graveyard damaging several graves and the compound wall using JCB. Hence, seeks for police protection for constructing graveyard.
Heard both sides and perused the materials placed on record.
Operative part
At the out set, this Court is unable to countenance the submission of the learned counsel for the petitioner. If at all, any attempt is made to interfere with the peaceful possession of the petitioner, it is for the petitioner Page 2 of 4 https://www.mhc.tn.gov.in/judis W.P.Crl. No.639 of 2025to make to file a suit for permanent injunction as against the alleged perpetrator(s) before the civil court, instead of doing so, seeking a general direction for police protection cannot be granted. In this regard, the Hon'ble Apex Court in the judgment of P.R.Muralidharan and others Vs. Swami Dharmananda Theertha Padar and others reported in (2006) 4 SCC 501 has held that what are all the matters for which police protection can be granted. For better appreciation, the relevant portion of the judgment is extracted below: “...19. A writ for “police protection” so-called, has only a limited scope, as, when the court is approached for protection of rights declared by a decree or by an order passed by a civil court. It cannot be extended to cases where rights have not been determined either finally by the civil court or, at least at an interlocutory stage in an unambiguous manner, and then too in furtherance of the decree or order.” 5. In view of the above, this writ petition stands dismissed. No costs. 22.08.2025dhkIndex :Yes/NoN. SATHISH KUMAR, J.Page 3 of 4 https://www.mhc.tn.gov.in/judis W.P.Crl. No.639 of 2025dhkTo1.The District CollectorNamakkal District, Namakkal2.The Superintendent of PoliceNamakkal District, Namakkal3.The TahsildarSendamangalam Taluk OfficeSendamangalam, Namakkal District4.The Inspector of PoliceSendamangalam Police StationNamakkal DistrictW.P. No.639 of 202522.08.2025Page 4 of 4
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: In view of the above, this writ petition stands dismissed
Which statutory provisions did this judgment involve?
Constitution of India — art. 226.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.