Madras High CourtCRL OP(MD)/719/2026disposed of

G.Arumugam v. The State Of Tamilnadu

2026-03-23Honourable Mr Justice R.Vijayakumar5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 23.03.2026

CORAM:

THE HONOURABLE MR JUSTICE R.VIJAYAKUMAR G.Arumugam ... Petitioner Vs.

1.State of Tamil Nadu Rep.by The Superintendent of Police Office of the Superintendent of Police Thoothukudi Thoothukudi District 2.The Inspector of Police Pudukkottai Police Station Thoothukudi District 3.V.Arunachalam Ammal 4.K.Muthammal 5.N.Subbaiah ... Respondents PRAYER: Petition filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023, directing the respondents 1 and 2 to provide police protection to the above named petitioner and to his property in Survey No.386 /27C, situated at Mudiveithanenthal Village, Pudukkottai, Thoothukudi District till the construction in the above property is completed on the basis of his presentation 1/5

dated 22.12.2025.

For Petitioner : Mr.B.N.Raja Mohamed For Respondent : Mr.A.Albert James Government Advocate (Crl.side) for R1 & R2 :Mr.T.Antony Arulraj for R3

ORDER

The present petition has been filed seeking a direction as against the respondents 1 and 2 to provide police protection to the above named petitioner and to his property in Survey No.386 /27C, situated at Mudiveithanenthal Village, Pudukkottai, Thoothukudi District till the construction in the above property is completed on the basis of his presentation dated 22.12.2025. 2.A perusal of the records reveals that the petitioner herein as plaintiff has filed O.S.No.444 of 2015 as against the private respondents herein and had obtained a decree for declaration of title and permanent injunction. The defendants therein had preferred A.S.No.6 of 2022 before the Subordinate Court, Thoothukudi which was dismissed on 05.06.2024. 3.According to the learned counsel appearing for the petitioner, despite a a decree by the civil Court, there respondents herein are preventing him from putting up construction.

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4.From the above said submissions, it is clear that the petitioner is attempting to execute the decree through police. In case, if the petitioner is aggrieved over the disobedience of the injunction decree passed by the civil Court, it is open to him to approach the competent civil Court under Order 21 Rule 32 of C.P.C. The same Court is also empowered to grant police protection. 5.With the above said liberty, this Criminal Original Petition stands disposed of.

23.03.2026 Internet : Yes/No Index : Yes/No NCC : Yes/No msa To 1.The Superintendent of Police 3/5

Office of the Superintendent of Police Thoothukudi Thoothukudi District 2.The Inspector of Police Pudukkottai Police Station Thoothukudi District 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

R.VIJAYAKUMAR,J.

msa 4/5

Crl.O.P.(MD)No.

23.03.2026 5/5