Madras High Court
WP CRL./2724/2026 of S.Ganapathy Vs The State Rep. by, The Station House Officer on 14 October 2026
WP Crl. No. 2724 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 14-10-2026
CORAM
THE HON'BLE MR.JUSTICE V. LAKSHMINARAYANAN
WP Crl. No. 2724 of 2026
CNR: {HCMA012427292026}
S.Ganapathy
S/o Selvaraj,
No.28, School Street,
Thengaithittu,
Puducherry.
..Petitioner(s)
Vs
1. The State Rep. by, the Station House Officer Thavalakuppam, Puducherry.
2. K.Kalaiarasi
W/o Karunakaran,
No.41, Rajiv Gandhi Street,
Srinivasan Nagar, Tahalvakuppam,
Puducherry.
..Respondent(s)
To Writ of Certiorarified Mandamus calling for the records of the 1st Respondent relating to the order dt.20.09.2026 rejecting the Petitioner’s request for Police Protection pursuant to the Hon’ble Court’s order dt.13 July 2026 in WP.Crl.No.244 of 2026 quash the same and direct the 1st Respondent to reconsider the Petitioner’s complaint dt.2nd October 2025 by assessing the specific threat, the complaints and FIRs the present status of O.S.No.199 of 2021 and any operative civil court orders, after hearing the Petitioner and 2nd Respondent, and to take such lawful and proportionate steps as are necessary for the Petitioner’s safety and prevention of breach of peace, without deciding title and pass such further orders to meet the ends of justice.
WP Crl. No. 2724 of 2026
For Petitioner(s):
Mr.M.Gnanasekar
For Respondent(s):
Ms.G.Djearany,
Govt. Advocate (Puducherry) for R1
Ms.A.Nethra for R2
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ORDER
Heard Mr.M.Gnanasekar, who appears online for the petitioner, Ms.G.Djearany, learned Government Advocate for the first respondent and Ms.A.Nethra for the second respondent.
2. It is the plea of Mr.Gnanasekar that the petitioner had obtained a property in a proper legitimate means. According to him, the second respondent, having alienated the property, is attempting to interfere with his possession. He relies upon certain statements made by the private respondent to the Police, when a tenant under the name and style of “SS POLYMERS” was attempted to be dispossessed. He states that even the suit filed for declaration of title and for injunction by the private respondent had been dismissed for default by the Court and it has not been restored so far. He adds that despite all these activities, the respondent Police are supporting only the private respondent and are attempting to forcibly dispossess the petitioner from the property.
3. Ms.G.Djearany, relying upon the impugned order, states that when the matter is pending in litigation in O.S.No.199 of 2021, the parties have to work out their rights before the civil court.
WP Crl. No. 2724 of 2026
4. Ms.A.Nethra states that the private respondent has already presented a suit in O.S.No.199 of 2021. While she concedes that the same had been dismissed for default, she states that steps have been taken to restore in the said proceedings. According to her, the private respondent had only executed a power of attorney as the security document for the purpose of the loans that had been availed by her and that, after settlement of the debts, taking advantage of the document, the alienations had come into play.
5. I have considered the submissions of all sides. I have gone through the records.
6. The aforesaid narration shows that the disputed questions of facts exist. It is neither proper nor permissible for this Court sitting in the writ jurisdiction or for the Police to interfere with the matters which have to be rightly addressed by the jurisdictional civil court. It is open to the petitioner to file a suit before the jurisdictional civil court and seek for injunction against any person who attempts to or threatens to dispossess him. With the above liberty, the writ petition stands dismissed. 14-10-2026 Index: Yes/No KAL
WP Crl. No. 2724 of 2026
V.LAKSHMINARAYANAN, J. KAL To The State rep. by, the Station House Officer Thavalakuppam, Puducherry. WP Crl. No. 2724 of 2026 14-10-2026