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2026 Supreme(Mad) 2141

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
L. VICTORIA GOWRI, J.
Seethalakshmi Achi College for Women and Endowment Trust, Rep by its Correspondent and Secretary Thiru. O.A.A.A.AP. Annamalai Chettiar – Petitioner
Versus
The Superintendent of Police, Karaikudi Police Station, Karaikudi – Respondent
Crl.O.P.(MD).No.1783 of 2026
Decided On : 21-04-2026

Advocates Appeared:
For the Petitioners: M/s. A.N. Meenakshi
For the Respondents:Mr. M. Sakthi Kumar, Government Advocate (Crl.Side), Mrs. Bhuvaneshwari.

Courts exercising jurisdiction under criminal procedure should not determine civil disputes but are empowered to ensure public peace by recording binding undertakings from opposing parties, thereby providing conditional protective orders to safeguard institutions affected by conflicts between rival stakeholders.

Headnote:(A) Bharatiya Nagarik Suraksha Sanhita - Section 528 - Criminal Original Petition - Jurisdiction - Scope - Court exercising inherent powers in criminal proceedings must refrain from adjudicating upon the ultimate civil rights of parties involved in a dispute over trust administration - While civil litigation is pending before the appropriate forum, the focus of the court must remain on maintaining institutional peace and preventing law and order crises. (Paras 36, 37)

(B) Police Protection - Grant of security - Where a party files an affidavit of undertaking to maintain peace and decorum, such undertaking acquires legal sanctity and must be observed in letter and spirit - The court may grant conditional police protection to prevent further breach of peace, ensuring the safety of students and staff in an educational environment, without prejudice to pending civil litigation. (Paras 43, 48)

Facts of the case:
A petition was filed seeking police protection due to an ongoing internal administrative dispute within a charitable trust governing an educational institution. The petitioners alleged intimidation, obstruction, and physical violence by an opposing party claiming administrative rights. An affidavit of undertaking was submitted by the opposing party to refrain from creating nuisance or obstructing the institution's operations until the civil dispute is settled.

Findings of Court:
The court recorded the affidavit of undertaking provided by the opposing party. It held that while civil disputes regarding administration must be resolved by the competent civil forum, the court is obligated to issue protective directions to ensure the safety of students and staff and maintain peace within the institutional premises.

Issues: (1) Whether the court should adjudicate the underlying civil rights regarding institutional administration? (2) Whether it is appropriate to grant police protection to ensure peace at an educational institution while civil proceedings remain pending?

Ratio Decidendi: The court ruled that it cannot determine civil titles or administrative entitlements in a criminal petition, but it has the inherent power to record binding undertakings to preserve safety. By incorporating these undertakings into a court order, the court creates a framework for institutional stability and authorizes police intervention solely upon proof of breach of the undertaking.

Result: Petition disposed of with directions to strictly adhere to the affidavit of undertaking, and with liberty to seek police protection in the event of any violation thereof.

Table of Content
1. court's scope to preserve peace pending civil adjudication. (Para 1 , 2 , 3)
2. factual history of trust administration disputes and criminal complaints. (Para 4 , 5 , 6 , 7 , 8 , 9 , 10 , 11 , 12 , 13 , 14 , 15 , 16 , 17 , 18)
3. arguments regarding campus security and voluntary undertakings by parties. (Para 19 , 20 , 21 , 22 , 23 , 24 , 25 , 26 , 27 , 28 , 29 , 30 , 31 , 32 , 33)
4. balancing civil rights with law and order via court-enforced undertakings. (Para 34 , 35 , 36 , 37 , 38 , 39 , 40 , 41 , 42 , 43 , 44 , 45 , 46 , 47 , 48 , 49 , 50 , 51 , 52 , 53)
5. final directions for police protection and adherence to undertakings. (Para 54)

ORDER :

L. VICTORIA GOWRI, J.

Preface:

This Criminal Original Petition has been filed seeking a direction to the 1st and 2nd respondent police to grant adequate police protection to the petitioners’ life and limb by considering the representation dated 29.12.2025.

2. Though the background facts reveal a long-drawn dispute touching upon the administration of a charitable Trust and the right to hold the office of Secretary / Correspondent of a Women’s college, the issue that falls for consideration in this Criminal Original Petition is comparatively narrow. This Court is not called upon to decide the ultimate civil rights of the parties. The limited question is whether, in the facts and circumstances of the case, and in the light of the affidavit filed by the 3rd respondent before this Court, suitable directions are required to preserve peace and normalcy in the institution till the trust proceedings pending before the learned Principal District Judge, Sivagangai, are finally decided.

3. Since the institution in question is a women’s college and the allegations placed before this Court concern obstruction, intimidation, assault, disruption of administration and disturbance to students and staff, this Court is required to balance the asserted civil rights of the parties with the larger imperative of maintaining law and order and institutional stability.

Facts of the Case:

4. The petitioners’ case, in brief, is that the first petitioner is the Correspondent and Secretary of Seethalakshmi Achi College for Women and also of the Seethalakshmi Achi College for Women Endowment Trust, situated at Pallathur, Sivagangai District. The second petitioner represents the management staff of the self-financing wing of the college.

5. According to the petitioners, the institution is a private women’s college established in the form of a public charitable trust and governed by the Deed of Declaration of Trust dated 1966. It is their specific case that the Trust Deed itself governs the mode of devolution of the offices of President of the Trust Board, Correspondent of the College and Secretary of the Trust.

6. The petitioners place reliance upon Clauses 9, 11 and 12 of the Trust Deed. According to them, those clauses make it clear that, after the lifetime of the founder, the offices of President of the Trust Board and Correspondent of the College are not to be held by the same member of the founder’s family, except in the case of the founder, and that the Correspondent of the College shall also hold the office of Secretary of the Trust after the lifetime of the Founder /

Correspondent.

7. Proceeding on that basis, the petitioners would state that the first petitioner is lawfully entitled to hold the office of Correspondent / Secretary under the Trust Deed. It is further stated that the fifth respondent, namely the Director of Collegiate Education, had earlier recognised the petitioner as Secretary and that such recognition was only for the limited statutory purpose of identifying the authorised signatory in matters concerning aided staff salary disbursement.

8. The petitioners would further state that disputes arose when the third respondent, who is the President of the Trust Board, began asserting himself as Secretary in violation of the Trust Deed. According to the petitioners, this led to earlier rounds

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