Madras High CourtCRL OP(MD)/1841/2026disposed of

Nagaraj v. The State Of Tamilnadu, Rep. By The Commissioner Of Police,

2026-02-02Honourable Mrs Justice L.Victoria Gowri6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 02.02.2026

CORAM

THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI Nagaraj ... Petitioner Vs.

1.The Commissioner of Police, Trichy City, Trichy District.

2.The Deputy Commissioner of Police, Trichy City, Trichy District.

3.The Inspector of Police, Airport, Police Station, Trichy District.

4.Mani 5.Murugan 6.Idumban 7.Kamatchi 8.Paapa 9.Elangiyam ... Respondents 1/6

Prayer: Criminal Original Petition is filed under Section 528 of BNSS, 2023, to direct the 3rd respondent to give adequate police protection to the petitioner to erect the fence in the landed property by considering his compliant dated 29.12.2025.

For Petitioner : Mr.K.Sivabalan for M/s.Aran Legal Consultancy For R1 - R3 : Mr.M.Sakthi Kumar Government Advocate(Crl.Side)

ORDER

This criminal original petition is filed to direct the 3rd respondent to give adequate police protection to the petitioner to erect the fence in the landed property by considering his compliant dated 29.12.2025.

2. Since no adverse order is passed against the private respondents, notice to the private respondents is dispensed with.

3. The learned Government Advocate(Crl.Side) submitted that all the private respondents are the brothers and relatives of the petitioner. All the survey numbers cited by the petitioner in his affidavit are joint 2/6

family properties which were already partitioned among the petitioner and the private respondents. In this regard, he has given an application seeking police protection. He pointed out that the private respondents are obstructing the petitioner claiming that he had encroached certain area belonging to them. In this regard, enquiry has been conducted and the same was closed.

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

5. Considering the civil nature of the dispute involved between the petitioner and the private respondents, it is made clear that if at all there is any boundary dispute between the petitioner and the private respondents, it is for the petitioner to seek proper remedy before the appropriate civil Court seeking demarcation of boundary. Once the boundary belonging to the petitioner and the respective private respondents are demarcated by the competent Court, thereafter, the 3/6

petitioner is directed to make a fresh application before the 3rd respondent to seek protection appropriately for putting up his fence.

6. With such observation, this Criminal Original Petition stands dismissed.

02.02.2026 NCC : Yes / No Index : Yes / No Internet : Yes/ No gbg To 1.The Commissioner of Police, Trichy City, Trichy District.

2.The Deputy Commissioner of Police, Trichy City, Trichy District.

3.The Inspector of Police, Airport, Police Station, Trichy District.

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

5/6

L.VICTORIA GOWRI, J.

gbg 02.02.2026 6/6