Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2026 Supreme(Online)(Mad) 50298

IN THE HIGH COURT OF JUDICATURE AT MADRAS
G.K. Ilanthiraiyan, J
Church Of South India Trust Association – Appellant
Versus
Superintendent Of Police – Respondent
WP Crl. No. 1331 of 2026

Advocates:
For the Appellants/Petitioners:Vikram Veerasamy|For the Respondents: R.Ganesh Kumar

A Writ of Mandamus for police protection cannot be granted against unidentified or vague persons; it requires specific allegations against identifiable parties to enable the police to conduct an inquiry and take action.

Headnote:The petitioner filed a writ petition under Art. 226 of the Constitution of India seeking police protection to fence its property, alleging interference by unidentified miscreants. The court noted that the petition failed to identify the specific parties objecting to the fencing. Consequently, the request for general police protection was declined. The central issue was whether police protection can be granted against unidentified persons. The court observed that in the absence of specific individuals or identified miscreants, the police cannot initiate effective action or provide protection. The ratio decidendi established is that a writ of mandamus for police protection requires the identification of specific threatening parties to justify the necessity and feasibility of such state intervention. The writ petition was disposed of with the liberty granted to the petitioner to lodge a specific complaint against identifiable persons, upon which the police are directed to conduct an inquiry.

Table of Content
1. request for police protection regarding property possession against unidentified trespassers. (Para 1 , 2)
2. requirement of identifying specific persons for police intervention and refusal of general protection. (Para 3 , 4 , 5)

Prayer: This Writ Petition is filed under Article 226 of the Constitution of India, seeking for a Writ of Mandamus, directing the respondents to grant police protection to the petitioner in order to lay down the fences surrounding the playground and ensure the peaceful possession of the institution's property situated at the Findlay High School Playground, VOC road, Mannargudi - 614 001 bearing survey number in old S.No.4542 and New S.No.63.

ORDER

This Writ Petition is filed seeking for a direction directing the respondents to grant police protection to the petitioner in order to lay down the fences surrounding the playground and ensure the peaceful possession of the institution's property situated at the Findlay High School Playground, VOC road, Mannargudi - 614 001 bearing survey number in old S.No.4542 and New S.No.63.

2.The learned counsel for the petitioner would submit that the petitioner is the owner of a land comprised in Old S.No.4542 New S.No.63 situated at Findlay High School Playground, VOC road, Mannargudi - 614 001. While that being so, miscreants are attempting to trespass into the property by throwing unwanted things. Therefore, the petitioner attempted to fence the said property. However, unknown persons are attempting to object the same. Hence, the present petition has been filed seeking for the above prayer.

3.Heard the learned counsel on either side and perused the materials available on record.

4.The petitioner, without mentioning who is objecting the petitioner to fence their property, police protection cannot be granted. However, the petitioner is at liberty to file a complaint against specific person and on receipt of the same, the third respondent police is directed to conduct an enquiry and take appropriate action as against the persons who committed the offence.

5.With the above directions, the Writ Petition (Criminal) is disposed of.

No costs.

Click Here to Read the rest of this document

2026 Supreme(Online)(Mad) 50298

IN THE HIGH COURT OF JUDICATURE AT MADRASG.K. Ilanthiraiyan, JChurch Of South India Trust Association – AppellantVersusSuperintendent Of Police – RespondentWP Crl. No. 1331 of 2026

A Writ of Mandamus for police protection cannot be granted against unidentified or vague persons; it requires specific allegations against identifiable parties to enable the police to conduct an inquiry and take action.

IN THE HIGH COURT OF JUDICATURE AT MADRAS
G.K. Ilanthiraiyan, J
Church Of South India Trust Association – Appellant
Versus
Superintendent Of Police – Respondent
WP Crl. No. 1331 of 2026