V.Murugaboopathi v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 02.02.2026

CORAM

THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI V.Murugaboopathi ... Petitioner Vs.

1.The Superintendent of Police, Madurai District.

2.The Inspector of Police, Nagamalai Pudukkottai Police Station, Madurai District.

3.R.Senthil 4.S.Sudha ... Respondents Prayer : Criminal Original Petition is filed under Section 528 of BNSS, 2023, to direct 1st and 2nd respondent to provide police protection to the petitioner's life, limb and property based on the petitioner's representation dated 06.01.2026 within the stipulated period. For Petitioner : Mr.M.Natarajan 1/6

For R1 & R2 : Mr.M.Sakthi Kumar Government Advocate (Crl. side) For R3 & R4 : Mr.Ramachandran

ORDER

Seeking to direct the 1st and 2nd respondents to provide police protection to the petitioner's life, limb and property based on the petitioner's representation dated 06.01.2026, this criminal original petition is filed.

2. The learned counsel for the petitioner submitted that a land dispute prevails between the petitioner and the respondents 3 and 4 with respect to the land belonging to Sri Balathandayuthapani Temple which was established in the year 1927 in Survey No.20/1B Erkudi Village, West Taluk, Madurai over an extent of 7 cents out of 14 cents. The private respondents are hindering the petitioner from reconstructing an already existing shed. The private respondents had earlier tried to trespass into the said land, for which a civil suit in O.S.No.181 of 2012 was filed by the petitioner before the learned District Munsif Court, Thirumangalam for injunction restraining the respondents 3 and 4 from 2/6

interfering with the peaceful possession and enjoyment of the temple's property and temporary injunction restraining the private respondents was also passed in I.A.No.374 of 2012 in O.S.No.181 of 2012 as against the responders 3 and 4 pending suit. Now the petitioner is trying to replace the already existing temporary shed in the said temple land and the 3rd and 4th respondents are obstructing him from doing so. The 4th respondent by the might of the police office which he is holding is continuously hindering the petitioner by unnecessarily obstructing the petitioner from reconstructing the shed. Hence, this petition.

3. The learned Government Advocate (Crl.Side) on instructions submitted that neither any complaint nor any representation has been received from the petitioner seeking police protection so far. On receipt of the emergency call from the parties, it was advised to work out the remedy before the proper civil Court.

4. Heard the learned counsels on either side and perused the materials available on record.

3/6

5. The learned counsel for the petitioner has placed before me the order of temporary injunction dated 25.09.2012 which was passed by the learned District Munsif Court, Thiruangalam as against 3rd and 4th respondents. Under such circumstances, the 3rd 4th respondents cannot cause any obstruction and disturb the peaceful enjoyment and possession of the subject property by the petitioner. Hence, the petitioner is advised to give a fresh complaint in person before the 2nd respondent police along with the copy of the injunction order passed by the learned trial Court. The 2nd respondent on receipt of the same is directed to give ample police protection for reconstruction of the existing shed on payment in terms of G.O(Ms)No.139, Home (Pol-VIII) Department, dated 04.03.2019. It is made clear that before affording police protection by appreciating the petitioner's application to be made, the 3rd and 4th respondents should be put on notice and given an opportunity of hearing.

4/6

6. With the above directions, this Criminal Original Petition stands disposed of.

02.02.2026 NCC : Yes / No Index : Yes / No Internet : Yes/ No gbg To 1.The Superintendent of Police, Madurai District.

2.The Inspector of Police, Nagamalai Pudukkottai Police Station, Madurai District.

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

5/6

L.VICTORIA GOWRI, J.

gbg 02.02.2026 6/6