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Madras High CourtCRL OP(MD)/2779/2025disposed of

V.Josiah Azariah Raja v. The State Of Tamilnadu

2025-02-17Honourable Mr. Justice P.Dhanabal5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 17.02.2025

CORAM

THE HONOURABLE MR.JUSTICE P.DHANABAL V.Josiah Azariah Raja ... Petitioner Vs.

1.The State of Tamil Nadu, Represented by, The Inspector of Police, Ammayanayakanur Police Station, Dindigul District.

2.Sesuraj ... Respondents Prayer : Criminal Original Petition filed under Section 528 of B.N.S.S. Act, 2023, to direct the first respondent herein to grant adequate police protection for the life and limb of the petitioner and his family members and pass such further or other orders as this Court.

For Petitioner : M/s.S.Meena For R-1 : Mr.M.Sakthi Kumar Government Advocate 1/5

ORDER

This Criminal Original Petition has been filed by the petitioner to direct the first respondent herein to grant adequate police protection for the life and limb of the petitioner and his family members.

2. The learned Counsel appearing for the petitioner would submit that the petitioner is the owner of the property in S.No.173/1 to an extent of 2.99.50 hectares and S.No.173/2 to an extent of 3.10.50 hectares at Oruthattu Village, Nilakottai Taluk, Dindigul District. While so, the petitioner decided to put up construction in the said lands and also already filed an application for surveying the above lands to fix the four boundaries and already they fixed the four boundaries through the concerned revenue authorities. Thereafter, the petitioner attempted to erect fence over the property. But the second respondent restrained the petitioner from fencing the land and also threatened with dire consequences. Therefore, the petitioner lodged a complaint, dated 16.02.2024 but the same has not been considered and again the petitioner lodged a complaint, dated 08.02.2025 and the same is also pending with the first respondent. Therefore, the petitioner filed this petition. 2/5

3. Considering the limited scope of prayer sought for in this petition, this Court is inclined to dispose of the petition without even issuing notice to the second respondent.

4. The learned Government Advocate appearing for the first respondent would submit that already the petitioner lodged a complaint, dated 16.02.2024 and the same was enquired and closed by advising the parties to approach the civil Court for seeking appropriate remedy. Again on 08.02.2025, the petitioner for the same relief, lodged a complaint through online and thereafter, they issued summon to the second respondent. The second respondent appeared for enquiry but the petitioner has not appeared for the enquiry. However, they will complete the enquiry within one week based on the complaint, dated 08.02.2025.

5. According to the petitioner, the petitioner is the owner of the property and already the property was surveyed and boundaries are fixed and when the petitioner approached for fencing the land, the second respondent restrained him and thereby, lodged a complaint. The first respondent also admitted the 3/5

receipt of complaint, dated 16.02.2024 but the same was closed after enquiry. Again the petitioner sent a complaint, dated 08.02.2025 for the same relief and now the same is under enquiry. Therefore, this Court directs the first respondent to dispose of the complaint, dated 08.02.2025 in accordance with law on merits, within a period of one (1) week from the date of this order.

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

17.02.2025 NCC : Yes / No Index : Yes / No Internet : Yes BTR To 1.The Inspector of Police, Ammayanayakanur Police Station, Dindigul District.

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

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P.DHANABAL, J.

BTR 17.02.2025 5/5