High Court · 2025

W.P.Crl.No.1047 of 2025IN THE HIGH COURT OF JUDICATURE AT MADRASDATED: 13.10.2025CORAM:THE HONOURABLE MR. JUSTICE N. SATHISH KUMARW.P.Crl.No.1047 of 2025and WP.Crl.Nos.491 & 490 of 2025E.Kaviya Kanchana ... PetitionerVersus1. The StateRep by the Director General of Police Post Box No.601, Dr.Radhakrishnan SalaiMylapore, Chennai, Tamil Nadu – 600 0042. The StateRep by the Superintendent of PoliceKanchipuram District, Thaiyar KullamKanchipuram, Tamil Nadu3.The StateRep by the Inspector of PoliceG2, Uthiramerur Police StationKanchipuram District4.The StateRep by the Sub-Inspector of PoliceG2, Uthiramerur Police StationKanchipuram District5.E.Veerabathiran6.E.Dayalan7.E.Paramasivam8.E.DevanPage 1 of 10 https://www.mhc.tn.gov.in/judis W.P.Crl.No.1047 of 20259.D.Kannaki10.V.Rani11.Yamuna Eswari12.D.Ashwin13.Bavani .. RespondentsPRAYER: Writ Petition is filed under Article 226 of Constitution of India, pleased to issue a Writ of Mandamus, directing the respondent 1 to 4 to provide immediate adequate protection to the petitioner, her parents, her brother and her Perungozhi Village to ensure their life liberty and safety particulars safeguarding the petitioner and her unborn child from any further harm by the respondents 5 to 13 their family members or their associates after considering the petitioners representation dated 11.08.2025.For Petitioner: Mr.G.R.HariFor Respondents: Mr.K.M.D.Muhilan, APP for R1 to R4ORDERCaptioned writ petition has been filed by the petitioner seeking for police protection on the ground that the private respondents are interfering with the possession of the petitioner and also wielding threat to them. Despite several complaints lodged by the petitioner and family members, no action has been taken. The following complaints and proceedings are lodged and initiated by the petitioner and family members and the same are tabulated below:- Date of the IncidentIncidentDate of the complaint givenTo whomAction taken21.02.2024Mr.E.Veerabathiran, 22.2.2024Superintendent of No action Page 2 of 10 https://www.mhc.tn.gov.in/judis W.P.Crl.No.1047 of 2025Date of the IncidentIncidentDate of the complaint givenTo whomAction takenMr.E.Dayalan, Mr.E.Paramasivam and Mr.E.Devan carried out fencing activity surrounding the area where my family had planted their cropsPolice, Kancheepuram Districttaken01.03.2024Mr.Ethiraj and Mr.Naveen Raj was assaulted by Mr.E.Paramasivam and certain unknown persons. They threatened to kill both in publicInspector of Police of Uthiramerur District, KancheepuraInstead of registering an FIR, directed that no activities should take place within Mr.Ethiraj's property. No action taken19.05.2024Mr. E. Paramasivam, his driver Mr. Purushothaman and his henchmen, trespassed into Mr. Ethiraj's property with a TATA ACE vehicle (TN21 AD 9460) to install an oil run motor to be fixed in the well inside Mr. Ethiraj's property20.05.2024 No action taken 30.05.2024 Mr. E. Veerabathiran, Mr. E. Dayalan, Mr. E. Paramasivam, Mr. E. Devan had brought in around 40 people for creating a pathway inside Panchayat President of Perunkozhi Panchayat and Inspector of Police of Uthiramerur, Kancheepuram No action taken Page 3 of 10 https://www.mhc.tn.gov.in/judis W.P.Crl.No.1047 of 2025Date of the IncidentIncidentDate of the complaint givenTo whomAction takenMr. Ethiraj's property 15.06.2024 Former Panchayat President, Gopal Reddiar and the Panchayat President Ellapan and other unknown miscreants trespassed the property and installed measuring stones 16.06.202416.06.2024Inspector of Police, Uthiramerur and the Superintendent of Police.No action taken 17.06.2024 Mr. Devan, Mr. Paramasivam, Mr. Veerabathiran, Mr. Sekar, Mr. Purushothaman, village head Mr. Ellapan and Mr. Gopal Rediyar along with their henchmen brought some harmful weapons such as shovels, etc threatening to kill Mr. Ethiraj and his family members. 17.06.2024 SP of Uthiramerur, Kancheepuram Police were informed of the same and they arrived at the spot which didn't stop them 01.07.2024repeated acts of threat and violence committed by Mr. E. Veerabathiran, Mr. E. Dayalan, Mr. E. Paramasivam and Mr. E. Devan01.07.2024Superintendent of Police, Kanchipuram District No action taken 19.08.2024 Mr. E. Veerabathiran, Mr. E. Dayalan, Mr. E. Paramasivam and Mr. E. Devan destroyed a fence worth Rs. 2 Lakhs. Inspector of Police, Kancheepuram No action taken 23.09.2024 Mr. E. Devan had entered our property in his official Government BOLERO vehicle. Mr. E. 24.09.2024The Sub-Inspector of Police, Uthiramerur taken signatures from Ethiraj in blank sheets No action taken Page 4 of 10 https://www.mhc.tn.gov.in/judis W.P.Crl.No.1047 of 2025Date of the IncidentIncidentDate of the complaint givenTo whomAction takenDevan broke one of the CCTV cameras which was capturing the incident. Mr. E. Veerabathiran, Mr. E. Devan, Mr. D. Ashwin and Ms. Bavani along with Mr. Danasekar entered into the house, ransacked the house, broke open the cupboards and took the jewels. They ignited country made bombs inside the house 23.09.2024 false counter FIR No. 396/2024 24.09.2024The Sub-Inspector of Police, Uthiramerur 26.09.2024 Mr. Godhandaraman, Sub-Inspector of Police visited the Chengalpat Government Hospital and made a false allegation that Mr.Ethiraj had asbconded0610.2024Mr. Ashwin sent abusive messages to me through Instagram 07.10.2024 Deputy Superintendent of Police, Kanchipuram District No action takencollusive behaviour of Mr. Godhandaraman, Sub-Inspector of Police, with Mr. E. Veerabathiran, Mr. ?. Paramasivam and Mr. E. Devan23.10.2024Superintendent of Police, Kancheepuram No action takenMr. E. Veerabathiran, Mr. E. Paramasivam and Mr. 25.05.2025Inspector of Police, Uthiramerur No action takenPage 5 of 10 https://www.mhc.tn.gov.in/judis W.P.Crl.No.1047 of 2025Date of the IncidentIncidentDate of the complaint givenTo whomAction takenE. Devan seeking for cancellation of Bail Mr. E. Veerabathiran, Mr. E. Paramasivam and Mr. E. Devan along with Mrs. Rani, Mrs. Yamuna Easwari, D. Ashwin and Ms. Bavani for cancellation of bail 26.05.2025Superintendent of Police No action takenHon'ble District Munsif cum Judicial Magistrate Court passed an order vide CMP No. 168/202509.06.2025Directing Inspector of Police, Uthiramerur to register FIR Not complied to the said order seeking cancellation of Anticipatory bail 23.06.2025Superintendent of Police and the Deputy Superintendent of Police lice No action report30.06.2025Mr. E. Paramasivam disrobed himself in front of Mrs. Kavya Kanchana and her mother Mrs. Amudha Inspector of police, Uthiramerur 30.06.2025Inspector of police, Uthiramerur No action reportSeeking cancellation of bail 08.07.2025Superintendent of Police,Kancheepuram No action report2. Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor and perused the materials placed on record.3. It appears that there is a civil dispute between the parties and the private respondents are claiming rights from their ancestors. It is admitted Page 6 of 10 https://www.mhc.tn.gov.in/judis W.P.Crl.No.1047 of 2025that a suit is pending in O.S.No.34 of 2024 on the file of the learned District Munsif cum Judicial Magistrate, Uthiramerur. However, no interim order has been passed. Such view of the matter, a blanket direction for police protection cannot be granted. In this regard, the Hon'ble Supreme Court in the case of P.R.Murlidharan and others vs. Swami Dharmananda Theertha Padar and others reported in (2006) 4 SCC 501 has held that a writ petition under the guise of seeking a writ of mandamus directing the police authorities to give protection to a writ petitioner, cannot be made a form for adjudicating on civil rights. For better appreciation, the relevant paragraph of the judgment reads as follows:17. A writ petition under the guise of seeking a writ of mandamus directing the police authorities to give protection to a writ petitioner, cannot be made a forum for adjudicating on civil rights. It is one thing to approach the High Court, for issuance of such a writ on a plea that a particular party has not obeyed a decree or an order of injunction passed in favour of the writ petitioner, was deliberately flouting that decree or order and in spite of the petitioner applying for it, or that the police authorities are not giving him the needed protection in terms of the decree or order passed by a court with jurisdiction. But, it is quite another thing to seek a writ of mandamus directing protection in respect of property, status or right which remains to be adjudicated upon and when such an adjudication can only be got done in a properly instituted civil suit. It would be an abuse of process for a writ petitioner to approach the High Court under Article 226 of the Constitutionseeking a writ of mandamus directing the police authorities to protect his Page 7 of 10 https://www.mhc.tn.gov.in/judis W.P.Crl.No.1047 of 2025claimed possession of a property without first establishing his possession in an appropriate civil court. The temptation to grant relief in cases of this nature should be resisted by the High Court. The wide jurisdiction under Article 226 of the Constitution would remain effective and meaningful only when it is exercised prudently and in appropriate situations.”Emphasis supplied4. In the very same judgment, in paragraph 12, it is held that in a given case, a person may be held to be entitled to police protection, having regard to the threat perception. No doubt, whenever any cognisable offence is made out in the complaint, it is the duty of the police to register FIR and proceed against the offenders. In the present case, taking note of various complaints already filed by the petitioner, any bodily harm is perpetrated against the petitioner or her family members, the police is duty bound to register the FIR and proceed against the offenders. 5. Accordingly, this writ petition stands disposed of. No costs. Consequently, connected miscellaneous petitions stand closed.13.10.2025dhkIndex :Yes/NoInternet:Yes/NoTo1. The Director General of Police Post Box No.601, Dr.Radhakrishnan SalaiPage 8 of 10 https://www.mhc.tn.gov.in/judis W.P.Crl.No.1047 of 2025Mylapore, Chennai, Tamil Nadu – 600 0042. The Superintendent of PoliceKanchipuram District, Thaiyar KullamKanchipuram, Tamil Nadu3.The Inspector of PoliceG2, Uthiramerur Police StationKanchipuram District4.The Sub-Inspector of PoliceG2, Uthiramerur Police StationKanchipuram District5. The Public ProsecutorMadras High Court.N.SATHISH KUMAR, J.dhkPage 9 of 10 https://www.mhc.tn.gov.in/judis W.P.Crl.No.1047 of 2025 W.P.Crl.No.1047 of 202513.10.2025Page 10 of 10

W.P.Crl.No.1047 of 2025IN THE HIGH COURT OF JUDICATURE AT MADRASDATED: 13.10.2025CORAM:THE HONOURABLE MR. JUSTICE N. SATHISH KUMARW.P.Crl.No.1047 of 2025and WP.Crl.Nos.491 & 490 of 2025E.Kaviya Kanchana ... PetitionerVersus1. The StateRep by the Director General of Police Post Box No.601, Dr.Radhakrishnan SalaiMylapore, Chennai, Tamil Nadu – 600 0042. The StateRep by the Superintendent of PoliceKanchipuram District, Thaiyar KullamKanchipuram, Tamil Nadu3.The StateRep by the Inspector of PoliceG2, Uthiramerur Police StationKanchipuram District4.The StateRep by the Sub-Inspector of PoliceG2, Uthiramerur Police StationKanchipuram District5.E.Veerabathiran6.E.Dayalan7.E.Paramasivam8.E.DevanPage 1 of 10 https://www.mhc.tn.gov.in/judis W.P.Crl.No.1047 of 20259.D.Kannaki10.V.Rani11.Yamuna Eswari12.D.Ashwin13.Bavani .. RespondentsPRAYER: Writ Petition is filed under Article 226 of Constitution of India, pleased to issue a Writ of Mandamus, directing the respondent 1 to 4 to provide immediate adequate protection to the petitioner, her parents, her brother and her Perungozhi Village to ensure their life liberty and safety particulars safeguarding the petitioner and her unborn child from any further harm by the respondents 5 to 13 their family members or their associates after considering the petitioners representation dated 11.08.2025.For Petitioner: Mr.G.R.HariFor Respondents: Mr.K.M.D.Muhilan, APP for R1 to R4ORDERCaptioned writ petition has been filed by the petitioner seeking for police protection on the ground that the private respondents are interfering with the possession of the petitioner and also wielding threat to them. Despite several complaints lodged by the petitioner and family members, no action has been taken. The following complaints and proceedings are lodged and initiated by the petitioner and family members and the same are tabulated below:- Date of the IncidentIncidentDate of the complaint givenTo whomAction taken21.02.2024Mr.E.Veerabathiran, 22.2.2024Superintendent of No action Page 2 of 10 https://www.mhc.tn.gov.in/judis W.P.Crl.No.1047 of 2025Date of the IncidentIncidentDate of the complaint givenTo whomAction takenMr.E.Dayalan, Mr.E.Paramasivam and Mr.E.Devan carried out fencing activity surrounding the area where my family had planted their cropsPolice, Kancheepuram Districttaken01.03.2024Mr.Ethiraj and Mr.Naveen Raj was assaulted by Mr.E.Paramasivam and certain unknown persons. They threatened to kill both in publicInspector of Police of Uthiramerur District, KancheepuraInstead of registering an FIR, directed that no activities should take place within Mr.Ethiraj's property. No action taken19.05.2024Mr. E. Paramasivam, his driver Mr. Purushothaman and his henchmen, trespassed into Mr. Ethiraj's property with a TATA ACE vehicle (TN21 AD 9460) to install an oil run motor to be fixed in the well inside Mr. Ethiraj's property20.05.2024 No action taken 30.05.2024 Mr. E. Veerabathiran, Mr. E. Dayalan, Mr. E. Paramasivam, Mr. E. Devan had brought in around 40 people for creating a pathway inside Panchayat President of Perunkozhi Panchayat and Inspector of Police of Uthiramerur, Kancheepuram No action taken Page 3 of 10 https://www.mhc.tn.gov.in/judis W.P.Crl.No.1047 of 2025Date of the IncidentIncidentDate of the complaint givenTo whomAction takenMr. Ethiraj's property 15.06.2024 Former Panchayat President, Gopal Reddiar and the Panchayat President Ellapan and other unknown miscreants trespassed the property and installed measuring stones 16.06.202416.06.2024Inspector of Police, Uthiramerur and the Superintendent of Police.No action taken 17.06.2024 Mr. Devan, Mr. Paramasivam, Mr. Veerabathiran, Mr. Sekar, Mr. Purushothaman, village head Mr. Ellapan and Mr. Gopal Rediyar along with their henchmen brought some harmful weapons such as shovels, etc threatening to kill Mr. Ethiraj and his family members. 17.06.2024 SP of Uthiramerur, Kancheepuram Police were informed of the same and they arrived at the spot which didn't stop them 01.07.2024repeated acts of threat and violence committed by Mr. E. Veerabathiran, Mr. E. Dayalan, Mr. E. Paramasivam and Mr. E. Devan01.07.2024Superintendent of Police, Kanchipuram District No action taken 19.08.2024 Mr. E. Veerabathiran, Mr. E. Dayalan, Mr. E. Paramasivam and Mr. E. Devan destroyed a fence worth Rs. 2 Lakhs. Inspector of Police, Kancheepuram No action taken 23.09.2024 Mr. E. Devan had entered our property in his official Government BOLERO vehicle. Mr. E. 24.09.2024The Sub-Inspector of Police, Uthiramerur taken signatures from Ethiraj in blank sheets No action taken Page 4 of 10 https://www.mhc.tn.gov.in/judis W.P.Crl.No.1047 of 2025Date of the IncidentIncidentDate of the complaint givenTo whomAction takenDevan broke one of the CCTV cameras which was capturing the incident. Mr. E. Veerabathiran, Mr. E. Devan, Mr. D. Ashwin and Ms. Bavani along with Mr. Danasekar entered into the house, ransacked the house, broke open the cupboards and took the jewels. They ignited country made bombs inside the house 23.09.2024 false counter FIR No. 396/2024 24.09.2024The Sub-Inspector of Police, Uthiramerur 26.09.2024 Mr. Godhandaraman, Sub-Inspector of Police visited the Chengalpat Government Hospital and made a false allegation that Mr.Ethiraj had asbconded0610.2024Mr. Ashwin sent abusive messages to me through Instagram 07.10.2024 Deputy Superintendent of Police, Kanchipuram District No action takencollusive behaviour of Mr. Godhandaraman, Sub-Inspector of Police, with Mr. E. Veerabathiran, Mr. ?. Paramasivam and Mr. E. Devan23.10.2024Superintendent of Police, Kancheepuram No action takenMr. E. Veerabathiran, Mr. E. Paramasivam and Mr. 25.05.2025Inspector of Police, Uthiramerur No action takenPage 5 of 10 https://www.mhc.tn.gov.in/judis W.P.Crl.No.1047 of 2025Date of the IncidentIncidentDate of the complaint givenTo whomAction takenE. Devan seeking for cancellation of Bail Mr. E. Veerabathiran, Mr. E. Paramasivam and Mr. E. Devan along with Mrs. Rani, Mrs. Yamuna Easwari, D. Ashwin and Ms. Bavani for cancellation of bail 26.05.2025Superintendent of Police No action takenHon'ble District Munsif cum Judicial Magistrate Court passed an order vide CMP No. 168/202509.06.2025Directing Inspector of Police, Uthiramerur to register FIR Not complied to the said order seeking cancellation of Anticipatory bail 23.06.2025Superintendent of Police and the Deputy Superintendent of Police lice No action report30.06.2025Mr. E. Paramasivam disrobed himself in front of Mrs. Kavya Kanchana and her mother Mrs. Amudha Inspector of police, Uthiramerur 30.06.2025Inspector of police, Uthiramerur No action reportSeeking cancellation of bail 08.07.2025Superintendent of Police,Kancheepuram No action report2. Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor and perused the materials placed on record.3. It appears that there is a civil dispute between the parties and the private respondents are claiming rights from their ancestors. It is admitted Page 6 of 10 https://www.mhc.tn.gov.in/judis W.P.Crl.No.1047 of 2025that a suit is pending in O.S.No.34 of 2024 on the file of the learned District Munsif cum Judicial Magistrate, Uthiramerur. However, no interim order has been passed. Such view of the matter, a blanket direction for police protection cannot be granted. In this regard, the Hon'ble Supreme Court in the case of P.R.Murlidharan and others vs. Swami Dharmananda Theertha Padar and others reported in (2006) 4 SCC 501 has held that a writ petition under the guise of seeking a writ of mandamus directing the police authorities to give protection to a writ petitioner, cannot be made a form for adjudicating on civil rights. For better appreciation, the relevant paragraph of the judgment reads as follows:17. A writ petition under the guise of seeking a writ of mandamus directing the police authorities to give protection to a writ petitioner, cannot be made a forum for adjudicating on civil rights. It is one thing to approach the High Court, for issuance of such a writ on a plea that a particular party has not obeyed a decree or an order of injunction passed in favour of the writ petitioner, was deliberately flouting that decree or order and in spite of the petitioner applying for it, or that the police authorities are not giving him the needed protection in terms of the decree or order passed by a court with jurisdiction. But, it is quite another thing to seek a writ of mandamus directing protection in respect of property, status or right which remains to be adjudicated upon and when such an adjudication can only be got done in a properly instituted civil suit. It would be an abuse of process for a writ petitioner to approach the High Court under Article 226 of the Constitutionseeking a writ of mandamus directing the police authorities to protect his Page 7 of 10 https://www.mhc.tn.gov.in/judis W.P.Crl.No.1047 of 2025claimed possession of a property without first establishing his possession in an appropriate civil court. The temptation to grant relief in cases of this nature should be resisted by the High Court. The wide jurisdiction under Article 226 of the Constitution would remain effective and meaningful only when it is exercised prudently and in appropriate situations.”Emphasis supplied4. In the very same judgment, in paragraph 12, it is held that in a given case, a person may be held to be entitled to police protection, having regard to the threat perception. No doubt, whenever any cognisable offence is made out in the complaint, it is the duty of the police to register FIR and proceed against the offenders. In the present case, taking note of various complaints already filed by the petitioner, any bodily harm is perpetrated against the petitioner or her family members, the police is duty bound to register the FIR and proceed against the offenders. 5. Accordingly, this writ petition stands disposed of. No costs. Consequently, connected miscellaneous petitions stand closed.13.10.2025dhkIndex :Yes/NoInternet:Yes/NoTo1. The Director General of Police Post Box No.601, Dr.Radhakrishnan SalaiPage 8 of 10 https://www.mhc.tn.gov.in/judis W.P.Crl.No.1047 of 2025Mylapore, Chennai, Tamil Nadu – 600 0042. The Superintendent of PoliceKanchipuram District, Thaiyar KullamKanchipuram, Tamil Nadu3.The Inspector of PoliceG2, Uthiramerur Police StationKanchipuram District4.The Sub-Inspector of PoliceG2, Uthiramerur Police StationKanchipuram District5. The Public ProsecutorMadras High Court.N.SATHISH KUMAR, J.dhkPage 9 of 10 https://www.mhc.tn.gov.in/judis W.P.Crl.No.1047 of 2025 W.P.Crl.No.1047 of 202513.10.2025Page 10 of 10