SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2026 Supreme(Online)(Mad) 46301

IN THE HIGH COURT OF JUDICATURE AT MADRAS
L. Victoria Gowri, J
R. Muthar – Appellant
Versus
Superintendent Of Police – Respondent
Writ Petition



Advocates:
For the Appellants/Petitioners: V.M. Jegadeesha Pandian
For the Respondents: M. Sakthi Kumar

The High Court may issue a direction under its writ jurisdiction for police to conduct a formal, time-bound inquiry into allegations of harassment, particularly when prior representations remain unaddressed, while balancing ongoing civil litigation between the parties.

Headnote:The matter involves a petition filed under Art. 226 of the Constitution of India seeking police protection and action against private individuals due to ongoing harassment and property disputes. The petitioner alleged that family members, following a business dispute, illegally evicted them and continued to harass them, rendering existing police efforts ineffective. The court held that, given the pending civil litigation and the history of complaints, the police must conduct a formal inquiry ensuring due process for all parties. The main issues addressed were the necessity of police intervention in a private civil dispute and the adequacy of previous investigative steps. The court reasoned that when criminal allegations intersect with civil property suits, the primary duty of the investigating agency is to ensure public order and prevent harassment through a transparent inquiry process, thereby balancing the rights of the parties involved. The writ petition was disposed of with a direction to the third respondent police to notify both the petitioner and the private respondents and conclude the inquiry within a period of four weeks.

Table of Content
1. basis for seeking police protection due to family harassment and property disputes. (Para 1 , 2 , 3 , 4)
2. court oversight directing police to conduct a time-bound inquiry into private grievances. (Para 5 , 6 , 7)

ORDER

This petition has been filed seeking for a direction to the respondents 1 to

3 to give adequate police protection to the petitioner and her family and property and consequently take appropriate action against the respondents 4 and 5, based on the petitioner's representation dated 07.04.2026.

2. The learned counsel appearing for the petitioner submitted that the petitioner’s husband, namely Ramamoorthi, is a physically challenged person and that the petitioner has two children. It was further submitted that respondents 4 and 5, who are the father and brother of the petitioner respectively, had developed enmity towards the petitioner’s family owing to differences arising out of a dairy business. Due to the said dispute, respondents 4 and 5 allegedly evicted the petitioner and her family illegally from the premises in which they had been residing since the year 2025.

3. Pursuant thereto, the petitioner lodged a complaint before the respondent police against respondents 4 and 5, based on which an FIR in Crime No.309 of 2025 was registered on 01.07.2025. The third respondent completed the enquiry, which culminated in the filing of a final report in C.C. No.2673 of 2020 on the file of the learned Judicial Magistrate No.III, Tirunelveli, and the same is pending. According to the petitioner, the third respondent police failed to include the necessary provisions relating to harassment of women while filing the charge sheet. In this regard, the petitioner submitted a representation to the first respondent seeking inclusion of appropriate sections against respondents 4 and 5.

4. Based on the said representation, which was forwarded by the first respondent to the third respondent, the petitioner was called for enquiry, and respondents 4 and 5 also appeared for enquiry. Thereafter, the petitioner was advised by the third respondent, and a CSR in No.455 of 2025 dated 17.10.2025 was issued, following which the enquiry was closed. However, even thereafter, respondents 4 and 5 allegedly continued to harass the petitioner and attempted to attack her on 26.03.2026. In connection with the said incident, the petitioner lodged a complaint on 27.03.2026, and an enquiry was conducted by the respondent police on 28.03.2026. However, no further action was taken. Hence, the petitioner submitted another representation dated 07.04.2026. Since no action was taken even thereafter, the present petition has been filed.

5. The learned Government Advocate appearing for the respondent police submitted that the petitioner had filed a suit in O.S. No. 36 of 2026 before the Subordinate Court, Tirunelveli, and that the enquiry in the matter is also pending.

6. Heard the learned counsel on either sides and carefully perused the materials placed before this Court.

7. Considering the facts and circumstances of this case, the third respondent police is directed to put the petitioner and the private respondents on notice 64 BNSS and conclude the enquiry as expeditiously as possible within a period of four weeks from the date of receipt of a copy of this order.

8. With the above direction, this writ petition stands disposed of.

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon Back to top