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Mohan Singh v. the Inspector of Police

Madras HC15 Apr 2025WP/12982/2025

Case brief

AI extract

What is this about?

Police protection; writ of mandamus; Article 226 Constitution; execution of decree; Bailiff letter; E.P. No. 4005 of 2022; O.S. No. 3115 of 2015; A.S. No. 38 of 2017; E.A. No. 1 of 2024; IX Assistant City Civil Judge Chennai; Inspector of Police J1 Saidapet Police Station; Mohan Singh; W.P. No. 12982 of 2025; Madras High Court; two-week compliance direction; allowed, no costs.

What did the court decide?

First respondent (Inspector of Police, J1, Saidapet Police Station, Chennai) directed to provide adequate police protection as per the Trial Court order dated 01.07.2024 in E.P. No. 4005 of 2022 in O.S. No. 3115 of 2015, within two weeks from receipt of a copy of this order; petition allowed with no costs. ¶31

Mohan Singh Vs the Inspector of Police — Writ and Judicial Review | Madras HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the first respondent should be directed to provide police protection to execute the order dated 01.07.2024 passed in E.P. No. 4005 of 2022 in O.S. No. 3115 of 2015 (IX Assistant City Civil Judge, Chennai), on the basis of the Bailiff's letter dated 20.09.2024.

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Court's answer

The first respondent is directed to provide adequate police protection, as per the order passed by the Trial Court in E.P. No. 4005 of 2022 in O.S. No. 3115 of 2015, dated 01.07.2024, within a period of two weeks from the date of receipt of a copy of this order.

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Ratio / Principle

With the above directions, the Writ Petition is allowed, with no costs.

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Detailed headnote1 paragraphs

Madras High Court (G.K. Ilanthiraiyan, J.) allowed W.P. No. 12982 of 2025, filed by Mohan Singh under Article 226 of the Constitution seeking a Writ of Mandamus directing the Inspector of Police, J1, Saidapet Police Station, Chennai, to provide police protection to execute the order dated 01.07.2024 passed in E.P. No. 4005 of 2022 in O.S. No. 3115 of 2015 on the file of the IX Assistant City Civil Judge at Chennai, on the basis of the letter given by the Bailiff, City Civil Court, Chennai, dated 20.09.2024. Procedural background extracted by the Court: the petitioner's suit (O.S. No. 3115 of 2015) was dismissed; in appeal A.S. No. 38 of 2017 the Appellate Court set aside the Trial Court's order and decreed the suit in the petitioner's favour; execution was pursued through E.P. No. 4005 of 2022, and by order dated 01.07.2024, as per the order in E.A. No. 1 of 2024, the Trial Court had ordered police protection to the Bailiff at the time of executing the warrant. Holding: the first respondent was directed to provide adequate police protection as per that Trial Court order within two weeks from receipt of a copy of the order; the Writ Petition was allowed with no costs.

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W.P.No.12982 of 2025

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED :15.04.2025

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CORAM

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THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN

W.P.No.12982 of 2025

Mohan Singh

... Petitioner

The Inspector of Police, J1, Saidapet Police Station, Chennai.

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Vanitha

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Sekar

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Kalidoss

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Mala

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sumathi 7. Devi ... Respondents

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Writ Petition filed under Article 226 of the Constitution praying to issue a Writ of Mandamus, directing the first respondent to provide Police protection to execute the order dated 01.07.2024 passed in E.P.No.4005 of 2022 in O.S.No.3115 of 2015 on the file of IX Assistant City Civil Judge at Chennai on the basis of the letter given by the Bailiff, City Civil Court, Chennai dated 20.09.2024.

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For Petitioner : Mr. S.Venkatesh

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https://www.mhc.tn.gov.in/judis

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W.P.No.12982 of 2025

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For Respondents : Mr. A.Gopinath, Govt. Advocate (Crl. Side) for R1

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O R D E R

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This Writ Petition has been filed to direct the first respondent to provide police protection to execute the order dated 01.07.2024 passed in E.P. No. 4005 of 2022 in O.S. No. 3115 of 2015 on the file of the learned IX Assistant City Civil Judge at Chennai, on the basis of the letter given by the Bailiff, City Civil Court, Chennai, dated 20.09.2024.

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2. Heard the learned counsel for the petitioner, the learned Government Advocate (Crl.Side) appearing for the first respondent and perused the materials available on record.

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3. The petitioner filed a suit in O.S. No. 3115 of 2015 on the file of the learned IX Assistant City Civil Judge at Chennai and the same has been dismissed. Aggrieved by the same, the petitioner preferred an appeal in A.S. No. 38 of 2017 and the Appellate Court set aside the order passed by the Trial Court and the same has been decreed in favour of the petitioner. In

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https://www.mhc.tn.gov.in/judis

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W.P.No.12982 of 2025

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view of the execution of the said decree, the petitioner filed an Execution Petition in E.P. No. 4005 of 2022. The Trial Court, by order dated 01.07.2024, ordered to provide police protection to the Bailiff at the time of executing the warrant, as per the order passed in E.A. No. 1 of 2024.

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4. In view of the above, the first respondent is directed to provide adequate police protection, as per the order passed by the Trial Court in E.P. No. 4005 of 2022 in O.S. No. 3115 of 2015, dated 01.07.2024, within a period of two weeks from the date of receipt of a copy of this order.

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5. With the above directions, this Writ Petition is allowed. No

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costs.

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15.04.2025

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Index:Yes/No Neutral Citation/Yes/No kv

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3/5

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https://www.mhc.tn.gov.in/judis