D.Rajaiya v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.02.2025

CORAM

THE HON'BLE MR.JUSTICE P.DHANABAL D.Rajaiya .. Petitioner Vs.

1. The Superintendent of Police Madurai, Madurai District

2. The Inspector of Police Taluk Police Station Melur, Madurai District

3. Kaliyammal @ Vasanthi .. Respondents PRAYER : Criminal Original Petition filed under Section 528 of BNSS, to direct the second respondent to provide adequate police protection to the petitioner's life and limb on the basis of the representation given by the petitioner on 22.12.2023.

For Petitioner : Mr.P.Senguttuarasan For Respondents : Mr.M.Sakthi Kumar No.1 and 2 Government Advocate(Crl.Side) 1/5

ORDER

This Criminal Original Petition has been filed by the petitioner to direct the second respondent to provide adequate police protection to the petitioner's life and limb on the basis of the representation given by the petitioner on 22.12.2023.

2. The learned counsel appearing for the petitioner would submit that petitioner is the owner of the property in plot No.3 and 4 Vigneswar Nagar, Melur Town, Madurai District and that he is possession and enjoyment of the property. Whilso, the third respondent who is residing backside to petitioner's plot No.4 making garden over the same. The petitioner requested to vacate and handover the encroachment. Therefore the third respondent is making unnecessary trouble to the petitioner and trying to grab the petitioner's above mentioned property. Therefore the respondents 1 and 2 are bound to give police protection to the petitioner but the same was not considered, hence he has filed the present petition.

3. The learned Government Advocate(Crl.side) appearing for the respondents 1 and 2 would submit that the representation of the petitioner 2/5

dated 22.12.2023 was already considered and the same was closed after enquiry by advising the parties to approach the civil Court. Therefore nothing survives for further adjudication.

4. Since the prayer of the petitioner is only to consider the representation dated 22.12.2023 and the same was considered and closed by the second respondent nothing survives for further adjudication. However if any criminal activities done by the private respondents it is for the petitioner to approach the second respondent and if any such complaint is lodged by any of the parties, the second respondent is directed to take appropriate action in accordance with law.

5. With the above direction, the Criminal Original Petition stands disposed of.

27.02.2025 NCC : Yes/No Index : Yes / No Internet : Yes / No aav 3/5

To

1. The Superintendent of Police Madurai, Madurai District

2. The Inspector of Police Taluk Police Station Melur, Madurai District 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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P.DHANABAL,J.

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