A Writ of Mandamus can be issued for police protection where civil rights have been declared by court decree.

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Reserved on 06.11.2025 Pronounced on 13.11.2025 CORAM THE HON'BLE MR.JUSTICE SUNDER MOHAN W.P.Crl.(MD) No.992 of 2025 and W.M.P.Crl.(MD) No.259 of 2025 G.Rukmani ... Petitioner Vs.

1.The Superintendent of Police, Sivagangai District, Sivagangai.

2.The Sub-Inspector /The Station House Officer, Thiruppathur Town Police Station, Thiruppathur Taluk, Sivagangai District.

3.Palaniyammal ... Respondents [R3 is suo motu impleaded as per the order of this Court dated 04.09.2025]

Prayer : Writ Petition filed under Article 226 of the Constitution of India for issuance of a writ of mandamus directing the first and second respondents to grant police protection to the petitioner and her property in Survey Nos.82/22, 82/23 and 82/24, Thiruvidaiyarpatty Village, Sivagangai District and to take action against the trespassers in furtherance of the criminal case in Crime No.148 of 2025, on the file of the second respondent police within the time that may be stipulated by this Court.

For Petitioner : Mr.M.Mahaboob Athiff For R1 and R2 : Mr.R.Meenakshi Sundaram Additional Public Prosecutor For R3 : Mr.R.Suriya Narayanan for M/s.C.Jeya Indira Patel

O R D E R

This Writ Petition has been filed for issuance of a Writ of Mandamus, directing the first and second respondents to provide police protection to the petitioner and her property in Survey Nos. 82/22, 82/23, and 82/24, Thiruvidaiyarpatty Village, Sivagangai District, and to take action against the trespassers in furtherance of the criminal case in Crime No.148 of 2025, on the file of the second respondent police.

2. It is the case of the petitioner that she purchased the disputed property in a Court auction held on 28.04.2004; that a sale deed was executed in her favour by the Court; that since third parties were in possession, she filed a suit in O.S.No.103 of 2009 on the file of the learned Sub Judge, Sivagangai; that the said suit was decreed on

10.11.2021; that thereafter, she filed an Execution Petition in E.P.No.13 of 2022 on the file of the Sub Court, Sivagangai, which was ordered on 22.01.2025; that possession was handed over to the petitioner through Court, and on execution of the warrant, the Execution Petition was terminated on 27.02.2025; that thereafter, patta and electricity service connection were transferred in the name of the petitioner, and she has been paying the electricity charges; that after delivery of possession, on 11.05.2025, the third respondent herein, who was the defendant in the above said suit, trespassed into the property by breaking open the doors and attempted to take possession; that when the petitioner visited the property, she was attacked by the third respondent, and therefore, she lodged a complaint with the second respondent herein, which was registered in Crime No.148 of 2025; and that in spite of the order of delivery, the third respondent is still violating the civil court decree and the order passed in the Execution Petition.

3. The learned counsel for the petitioner reiterated the averments made in the affidavit and submitted that the Hon'ble Supreme Court, in P.R. Murlidharan and Others vs. Swami Dharmananda Theertha Padar and Others, reported in (2006) 4 SCC 501, had held that a Writ of Mandamus can be issued directing the police to provide protection where the rights of the parties have been declared by a decree or order passed by the Civil Court; and that since the third respondent had damaged the property of the petitioner and committed the offence of criminal trespass, she is entitled to police protectio