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K.Renganathan v. the Superintendent of Police

Madras HC7 Aug 2025WP/18132/2025

Case brief

AI extract

What is this about?

Police protection for land survey; third-party obstruction of Government Surveyor; title/possession dispute; mandamus under Article 226; remedy is civil suit; protection only per Civil Court orders; K. Renganathan v. Superintendent of Police, Mayiladuthurai; W.P.No.18132 of 2025; disposed 07.08.2025.

What did the court decide?

No mandamus for police protection issued; petitioner left at liberty to approach the jurisdictional Civil Court, with police protection to be granted only in terms of any interim order or final decree of the Civil Court. ¶33

K.Renganathan Vs the Superintendent of Police — Writ and Judicial Review | Madras HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether a writ of mandamus should issue directing the second respondent to consider the petitioner's representations dated 04.04.2025 and 11.04.2025 and provide police protection to conduct the survey of the petitioner's property. +1 more

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Court's answer

The petitioner is at liberty to approach the jurisdictional Civil Court; if and when any interim order or final decree is passed in favour of the petitioner, the respondent police shall grant protection in terms of the order of the Civil Court.

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Ratio / Principle

Where there is a dispute with reference to title or possession and a third party obstructs a survey, the course open to the petitioner is to file a civil suit against the third respondent said to be interfering with the petitioner's possession and enjoyment.

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Key takeaways

Depending on the orders of the Civil Court for carrying out survey or de-marking of boundaries, the respondent police will give protection in line with the orders of the Civil Court.ratio¶30

Detailed headnote1 paragraphs

Madras High Court (D. Bharatha Chakravarthy, J.), W.P.No.18132 of 2025, disposed of on 07.08.2025. The petition under Article 226 sought a writ of mandamus directing the second respondent police to consider the petitioner's representations dated 04.04.2025 and 11.04.2025 and provide police protection to survey the petitioner's property (New Survey No.145/1B, Old Survey No.145/1, Mela Street, Aruvapadi Village, Mayiladuthurai District), the third respondent having obstructed the Government Surveyor. Held: where there is a dispute as to title or possession and a third party obstructs, the petitioner's course is to file a civil suit against the obstructing party; police protection will be given only in terms of the orders of the Civil Court, upon any interim order or final decree in the petitioner's favour. Petition disposed of; no costs.

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W.P.No.18132 of 2025

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 07.08.2025

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CORAM

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THE HONOURABLE MR. JUSTICE D. BHARATHA CHAKRAVARTHY

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W.P.No.18132 of 2025

K. Renganathan

... Petitioner

vs.

The Superintendent of Police, Office of the Superintendent of Police, Mayiladuthurai, Tamil Nadu - 609 001.

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The Inspector of Police, Mayiladuthurai Police Station, Mayiladuthurai, Tamil Nadu - 609 001.

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Selvam

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The Thasildar, Mayiladuthurai Taluk Office, Mayiladuthurai - 609 001. (R4 impleaded vide order dated 07.08.2025 in W.M.P.No.23029 of 2025) ... Respondents

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Prayer: This Writ Petition has been filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, to direct the second respondent to consider the petitioner's representations dated 04.04.2025 and 11.04.2025 and to provide necessary police protection to conduct the survey in respect of the

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

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W.P.No.18132 of 2025

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petitioner's property situated at New Survey No.145/1B, Old Survey No.145/1, Mela Street, Aruvapadi Village, Mayiladuthurai District.

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For Petitioner : Mr. A. Raja Mohamed

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For RR 1 to 3 : Dr. C.E. Pratap, Government Advocate (Crl. Side)

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O R D E R

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The writ petition is filed for a direction to consider the representations

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of the petitioner dated 04.04.2025 and 11.04.2025. In the said representations, the petitioner has requested to provide necessary police protection to conduct the survey in respect of the petitioner's property.

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The averments contained in the affidavit filed in support of this

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writ petition would itself reveal that, when the Government Surveyor went to the particular piece of land for surveying it, the third respondent herein obstructed the same. When there is a dispute with reference to the title or possession and if third party obstructs, then the course open for the petitioner is to file a civil suit as against the third respondent, who is said to be interfering with the petitioner's possession and enjoyment, and depending on the orders of

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

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W.P.No.18132 of 2025

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the Civil Court for carrying out of survey or de-marking of the boundaries, the respondent police will give protection for the same in the lines of the orders of the Civil Court.

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In view of the above, the petitioner is at liberty to approach the

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jurisdictional Civil Court in this regard, and if and when any interim order or final decree is passed in favour of the petitioner, the respondent police shall grant protection in terms of the order of the Civil Court.

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