Madras High CourtCRL OP(MD)/1510/2026allowed

Ganesan v. The State Of Tamil Nadu

2026-01-28Honourable Mrs Justice L.Victoria Gowri6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.01.2026

CORAM

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

1.The State of Tamil Nadu, Rep By the Superintendent of Police, O/o.Superintendent of Police, Pudukkottai, Pudukkottai District.

2.The Deputy Superintendent of Police, O/o.The Deputy Superintendent of Police, Aranthangi Taluk, Pudukkottai District.

3.Naina Mohamed ... Respondents Prayer : Criminal Original Petition is filed under Section 528 of BNSS, 2023, to direct the second respondent not to interfere in Civil dispute and consequently direct the second respondent not to harass the petitioner under the guise of enquiry.

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For Petitioner : Mr.A.Aruljenifer For M/s.KBS Law Office For R1 & R2 : Mr.M.Sakthi Kumar Government Advocate (Crl)

ORDER

Seeking to direct the 2nd respondent not to interfere in the civil dispute and not to harass the petitioner under the guise of enquiry, this criminal original petition is filed.

2. Since no adverse order is passed against the 3rd respondent, notice to the 3rd respondent is dispensed with.

3. The learned counsel for the petitioner submitted that the petitioner's wife and son are registered pawnbrokers. The 3rd respondent has pledged 1614 gram of jewels and availed loan to the tune of Rs. 16,45,350/-. Till date, the 3rd respondent has not paid either the interest or the principal amount. The 3rd respondent himself made an application before the jurisdictional Tahsildar seeking redemption of the pledged jewels by payment of the principal amount alone. The jurisdictional 2/6

Tahsildar had conducted enquiry and passed order on 02.07.2019 to pay principal amount along with interest. Challenging the said order, the 3rd respondent has filed a writ petition in W.P(MD)No.16181 of 2019. This Court by an order dated 05.03.2025 remanded the matter to Revenue Divisional Officer, Aranthangi to conduct fresh enquiry. On 23.04.2025, the Revenue Divisional Officer has passed an order directing the 3rd respondent to pay a total amount of Rs.48,09,591/- to the petitioner including interest. However, the 2nd respondent is now insisting the petitioner to redeem the jewels without payment of any interest. The learned counsel for the petitioner further submits that the 2nd respondent has no jurisdiction in the matter, which has already been seized of and decided by the Revenue Divisional Officer.

4. The learned Government Advocate(Crl.Side) submitted that after the order of the Revenue Divisional Officer, the 3rd respondent has approached the respondent police and given a complaint seeking to return the jewels, for which the respondent police required the petitioner to appear for enquiry.

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

6. It is needless to state that already the matter has been seized by the Revenue Divisional Officer concerned in this regard. From the submissions made by the counsels on either side, it is clear that an order directing the 3rd respondent to pay an amount of Rs.48,09,591/- to the petitioner and redeem the jewellery involved, has already been passed. Without taking steps to comply with the order passed by the Revenue Divisional Officer, the 3rd respondent has lodged a complaint before the 2nd respondent police. The learned Government Advocate(Crl.Side) categorically contended that the petitioner had failed to prefer any appeal in the manner known to law.

7. This Court hereby categorically records that the 2nd or 3rd respondent police can in no way meddle with the matter which is already feel seized by the Revenue Divisional Officer, Aranthangi and it 4/6

is for the petitioner or to the 3rd respondent to deal with the same in accordance with law.

8. With such direction, the 2nd respondent police is directed not to meddle with this matter. In view of the above, this Criminal Original Petition stands allowed.

28.01.2026 NCC : Yes / No Index : Yes / No Internet : Yes/ No gbg To 1.The Superintendent of Police, O/o.Superintendent of Police, Pudukkottai, Pudukkottai District.

2.The Deputy Superintendent of Police, O/o.The Deputy Superintendent of Police, Aranthangi Taluk, Pudukkottai District.

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

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L.VICTORIA GOWRI, J.

gbg 28.01.2026 6/6