K.Potharaja v. The Superintendent Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 13.10.2025

CORAM:

THE HON'BLE MR.JUSTICE N. SATHISH KUMAR K.Potharaja ... Petitioner Vs.

1.The Superintendent of Police District Police Office Dharmapuri District

2. Sub-Inspector of Police Mahendra Mangalam Police Station Dharmapuri District

3. Sivam

4. Chinnu

5. Chinnaraj

6. Sankar

7. Devan ... Respondents PRAYER : Criminal Original Petition filed under Section 528 of B.N.S.S. to direct the 1st and 2nd respondent police to provide adequate police protection to the life and limb of the petitioner and his family based on the representation made to the 1st and 2nd respondents dated 11.08.2025. For Petitioner : Mr.T.Naveen Chandar For Respondents 1 & 2 : Mr.K.M.D.Muhilan Additional Public Prosecutor For Respondents 3 to 7 : No Appearance 1/5

O R D E R

This Criminal Original Petition has been filed to direct the 1st and 2nd respondent police to provide adequate police protection to the life and limb of the petitioner and his family based on the representation made to the 1st and 2nd respondents dated 11.08.2025.

2. It is the case of the petitioner that he is owner of the subject land and building and that the private respondents and other villagers are forcing him to part with his possession of the property for the purpose of pathway to the villagers. Since the petitioner refused to their demand, the electricity and water connections were cut down by them. Now a ditch has also been dug before his house to prevent him from entering in his house. Though the electricity is now restored, water line has not been restored.

3. Though the 4th respondent has been served, there is no representation for the 4th respondent. Further, the notice taken on the respondents 3, 5, 6 and 7 have been returned unserved as 'Addressee Refused'.

4. The learned Government Advocate (Crl. Side) appearing for the respondents 1 and 2 on instructions submitted that there is a pathway in the village, leading to the burial ground. All these days, the same was used by the villagers, however part of the pathway is the property of the petitioner 2/5

which was also admitted by the villagers. Therefore, there arose a dispute. It is also admitted that electricity was cut down by the villagers and thereafter, restored.

5. It is made clear that no group or a majority of people can take the law in their own hands and compel the petitioner to part his land. If at all any land is required to be used as pathway, it is for the Government Authority to take a call and they can even go for acquisition by paying compensation. The petitioner cannot be deprived of his property by the Mob.

6. Therefore, considering the fact that the electricity and water connection of the petitioner was disconnected, it is necessary to give a direction to the police.

7. Accordingly, let the respondent police give necessary protection to the petitioner to enter in to his property and also ensure that the water and electricity connections are restored.

8. With the above directions, this Criminal Original Petition is disposed of.

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To 1.The Superintendent of Police District Police Office Dharmapuri District

2. Sub-Inspector of Police Mahendra Mangalam Police Station Dharmapuri District

3. The Public Prosecutor High Court of Madras 4/5

N. SATHISH KUMAR , J.

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