WP CRL./2065/2026 of Kanagammal Vs The Superintendent of Police on 16 October 2026

Order

The petitioner claims that she is in possession of the property situated in S.Nos.587/2A1, 587/2A5, 601/1, 602/5, 603/1 and 604/1 at Balethottam Village, Krishnagiri District, pursuant to the decree passed in O.S.No.77 of 2026 on the file of the learned Subordinate Judge at Uthangarai and on the basis of the delivery effected on 09.03.2024.

2. The claim of the petitioner is that she filed a suit for partition in O.S.No.77 of 2016. The preliminary decree was passed on 17.06.2017. In order

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to convert the preliminary decree into executable final decree, she filed an application for passing of final decree. The final decree was passed on 10.01.2023. As a portion of the property had been allotted to her in the final decree proceedings, she presented REP.No.250 of 2023 on the file of the learned Subordinate Judge at Uthangarai for the purpose of taking delivery. Notice was ordered and after series of proceedings, the learned Trial Judge recorded delivery of possession on 11.07.2024.

3. It is the grievance of the petitioner that the respondents 4 to 6 are attempting to interfere with the peaceful possession and enjoyment of the property, after delivery had been recorded. Hence, she gave a representation on 24.06.2026 to the respondent, seeking police protection. As the same was not afforded, she is before this court.

4. Considering that the respondents 4 to 6 will be affected by this order, I called upon the third respondent to serve notice on respondents 4 to 6.

5. Mr.K.Ramu has entered appearance for the respondents 4 to 6. He has filed a typed set of papers. According to Mr.K.Ramu, though the petitioner had filed a suit for partition for the self acquired properties of her brother Alagesan, her brothers and sister had colluded with each other and the property had been made the subject matter of the suit. He represents that the purchaser of the

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property from Alagesan is in possession and enjoyment of the property. He states that he has already filed a suit in O.S.No.129 of 2024 on the file of the learned Subordinate Judge at Uthangarai for appropriate reliefs and seeks for this writ petition to be dismissed.

6. Mr.S.Yogaraja Sekar, appearing for the Police, states that the Police will comply with any direction that will be given by this court.

7. I have carefully considered the submissions made on either sides and I have gone through the records.

8. Whether the decree obtained in O.S.No.77 of 2016 on 17.06.2017 and the final decree passed by the court on 10.01.2023 are vitiated by collusion between the plaintiff and the defendant cannot be a subject matter of this writ petition. Unless and until a demonstrable fraud is shown before this court, the endorsement made by the bailiff that delivery has been handed over to the decree holder gets a presumptive protection under Section 114 of the Indian Evidence Act. The records produced by both Mr.Pradeep and Mr.K.Ramu points out that the delivery of possession had been taken by the petitioner on 11.07.2024.

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9. If that be the position, any person, who interferes with the possession of the petitioner, who has a civil court decree in her favour, have to be prevented by way of police protection.

10. Whether the decree is true and genuine and binding on the purchaser would have to be gone into in the pending civil suit. For the purpose of this writ petition, as the petitioner has a decree in her favour, she will be entitled for the relief prayed for. The police shall ensure that police protection is granted to the petitioner for the property situated in Survey Nos.587/2A1, 587/2A5, 601/1, 602/5, 603/1 and 604/1 situated at Balethottam Village, Krishnagiri District.

11. With the above directions, this petition stands disposed of. 16-10-2026 nl Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No

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To

1. The Superintendent of Police Krishnagiri District.

2. The Deputy Superintendent of Police Krishnagiri District.

3. The Inspector of Police Uthangarai Police Station, Krishnagiri District.

4. The Public Prosecutor, High Court of Madras

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V.LAKSHMINARAYANAN J. nl WP Crl. No. 2065 of 2026 16-10-2026

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