Arokiyasamy v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 09.02.2026

CORAM

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

1.The State of Tamil Nadu, Rep.by The Superintendent of Police, O/o.The Superintendent of Police, Pudukottai District.

2.The Inspector of Police, O/o Viralimalai Police Station, Pudukottai District.

3.P.Gopal ... Respondents Prayer : Criminal Original Petition is filed under Section 528 of BNSS, 2023, to direct the respondents No.1 and 2 to provide adequate Police protection to the petitioner and consequently protect the petitioner from the life threatening given by Respondent No.3 based on the petitioner's Representation dated 14.01.2026.

For Petitioner : Mr.A.Abulhasan For R1& R2 : Mr.M.Sakthi Kumar Government Advocate (Crl. side) 1/6

ORDER

Seeking a direction to the respondents No.1 and 2 to provide adequate Police protection to the petitioner and consequently protect the petitioner from the life threatening given by Respondent No.3 based on the petitioner's representation dated 14.01.2026, 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 is the owner in possession and title over the house situated in Survey No.46/4C3 measuring an extent of 5 cents at Kesavanur Village, Viralimalai Taluk, Trichy District, which is more than 35 years old. Since the same is almost in the dilapidated condition, the petitioner had taken effective steps to construct another proper house in the remaining land. When the petitioner had commenced his construction, the 3rd respondent without any rhyme and reason started obstructing the 2/6

petitioner's construction. In this regard, representation has been given to the 1st and 2nd respondents on 14.01.2026 seeking police protection for his life, limb and property. However, there is no response. Hence, this petition.

4. The learned Government Advocate(Crl.Side) submitted that already an enquiry has been conducted between the petitioner and the 3rd respondent,wherein it was found that a dispute relating to the pathway exists between them. Consequently, the parties were advised to have the property surveyed and to fix the boundaries of the said pathway in accordance with law.

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

6. In view of the submission made by the learned Government Advocate (Crl.Side), the petitioner is directed to submit a proper application before the jurisdictional Taluk Surveyor seeking conduct of 3/6

survey in respect of the subject property, in accordance with the title deed in his possession and the relevant resurvey plan. If the petitioner is able to substantiate his claim regarding title and possession over the said property, the survey authorities are directed to conduct the survey of the subject property, after issuing due notice to the 3rd respondent. The petitioner is further directed to submit appropriate representations to the 1st and 2nd respondents seeking police protection for conducting the survey. Upon receipt of such request, the respondent police shall afford adequate protection to facilitate the conduct of the survey. However, the petitioner shall bear the requisite charges for providing police protection, in accordance with the Circular issued by the Director General of Police in Rc.No.193784/PAC-2/2017 dated 19.03.2019.

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

09.02.2026 NCC : Yes / No Index : Yes / No Internet : Yes/ No gbg 4/6

To 1.The Superintendent of Police, O/o.The Superintendent of Police, Pudukottai District.

2.The Inspector of Police, O/o Viralimalai Police Station, Pudukottai District.

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

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L.VICTORIA GOWRI, J.

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