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CDJ 2025 MHC 7371 print Preview print Next print
Court : High Court of Judicature at Madras
Case No : W.P.(Crl.)No. 1661 of 2025
Judges: THE HONOURABLE MR. JUSTICE A.D. JAGADISH CHANDIRA
Parties : M. Marudhachalam Versus The Commissioner of Police, O/o. Commissioner of Police, Chennai & Others
Appearing Advocates : For the Petitioner: P. Suresh, Advocate. For the Respondents: R1 to R5, S. Santhosh, Government Advocate (Crl. Side).
Date of Judgment : 18-12-2025
Head Note :-
Constitution of India - Article 226 -
Summary :-
1. Statutes / Acts / Rules Mentioned:
- Article 226 of the Constitution of India
- Rule 27 of the Real Estate (Regulation and Development) Act, 2016
- Real Estate (Regulation and Development) Act, 2016

2. Catch Words:
- Mandamus
- Police protection
- Peaceful possession
- Civil nature

3. Summary:
The petitioner filed a criminal writ petition under Article 226 seeking a writ of mandamus directing the respondents to provide police protection for taking peaceful possession of a flat, relying on orders dated 19.03.2025, 30.04.2025 and 23.09.2025. The Government Advocate submitted that an enquiry had classified the petitioner’s request as civil, directing him to approach the forum under Rule 27 of the Real Estate (Regulation and Development) Act, 2016, and that any law‑and‑order issue would be considered by the police. The Court recorded these submissions and disposed of the petition without awarding costs.

4. Conclusion:
Petition Dismissed
Judgment :-

(Prayer: Writ Petition (Criminal) is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the respondents 1 to 5 to provide adequate police protection to the petitioner and for taking peaceful possession of Flat No.S-3, 2nd Floor at “Harish Castle”, Engineer Avenue, 5th Street, Raghava Nagar, Moovarasampet, Madipakkam, Chennai – 600 091 as per the orders dated 19.03.2025, 30.04.2025 and 23.09.2025 based on the complaint dated 24.11.2025 sent by the petitioner to the Respondents 1 to 5.)

The present Writ Petition (Criminal) has been filed seeking to issue a Writ of Mandamus directing the respondents 1 to 5 to provide adequate police protection to the petitioner for taking peaceful possession of Flat No.S-3, 2nd Floor at “Harish Castle”, Engineer Avenue, 5th Street, Raghava Nagar, Moovarasampet, Madipakkam, Chennai – 600 091 as per the orders dated 19.03.2025, 30.04.2025 and 23.09.2025 based on the complaint dated 24.11.2025 sent by the petitioner to the Respondents 1 to 5.

2. When the matter was taken up, Mr.S.Santhosh, learned Government Advocate (Crl. Side), who takes notice on behalf of respondents 1 to 5, submitted that an enquiry was conducted on the complaint of the petitioner and it has been closed vide C.No.SZ/PG-II/2528/24777/2025 finding that the request of the petitioner was civil in nature. Therefore, the petitioner was directed to approach the appropriate forum as per Rule 27 of the Real Estate (Regulation and Development) Act, 2016. However, he submitted that if there is any law and order problem while taking possession of the flat, it will be duly considered by the fifth respondent police.

3. Recording the submissions made by the learned Government Advocate (Crl. Side), this Writ Petition (Criminal) stands disposed of. No costs.
 
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