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IN THE HIGH COURT OF JUDICATURE AT MADRAS
L.VICTORIA GOWRI
V. Ravikumar – Appellant
Versus
State Tamilnadu, rep. by The Commissioner of Police, Office of the Commissioner of Police, Madurai – Respondent
| Table of Content |
|---|
| 1. police overreach in civil disputes (Para 2 , 4 , 5 , 6 , 7) |
| 2. arguments on lawful police authority (Para 8 , 9 , 10 , 11) |
ORDER :
L. VICTORIA GOWRI, J.
Preface
The present petitions invoke the inherent jurisdiction of this Court under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in the backdrop of an allegation of police overreach in a dispute which, on the petitioner’s version, is essentially civil in nature relating to possession and enjoyment of a shop premises purchased under a registered sale deed.
2. The grievance projected is not merely of non-action on the petitioner’s earlier complaint, but of an affirmative act attributed to the fourth respondent, namely, forcibly obtaining the keys of the petitioner’s shop and handing over the same to a third party, thereby facilitating a change in possession, without recourse to any process known to law. The petitioner therefore seeks protective directions against harassment and illegal interference.
Case of the Petitioner (Gist of Facts):
3. The petitioner states that he is a practising Advocate. According to him, on 13.01.2026, he purchased a shop under a registered sale deed bearing Document No.357 of 2026
This judgment establishes that police powers do not extend to adjudicating civil disputes or facilitating possession changes without due process.
Police cannot intervene in purely civil property possession disputes.
Police protection for property possession denied absent executable decree; FIR alleging forcible entry and damage not quashed despite civil dispute background, as specific criminal acts require inves....
Police cannot interfere in civil property disputes via enquiries or pre-FIR summons; civil courts handle title and possession claims.
Police authorities have no legal mandate to act as adjudicators in purely civil or monetary disputes and must refrain from using coercive measures against individuals in such cases, unless acting str....
Police must exercise powers within legal confines to avoid criminalizing civil disputes.
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