Balasubramaniyam v. The State Of Tamilnadu Rep.By,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 11.02.2026

CORAM:

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

1. The Superintendent of Police, Karur District, Karur.

2. The Inspector of Police, Vengamedu Police Station, Karur District.

3. Vaangiliyappa Gounder ... Respondents PRAYER : Petition filed under Section 528 of BNSS, 2023 to direct the 1 to 2 respondents to consider the representation dt.13.05.2025 to grant adequate police protection to the petitioner's Life and Limb within a stipulated by this Court.

For Petitioner : Mr.R.L.Dhilipan Pandian For Respondents : Mr.M.Sakthi Kumar (R1 & R2) Government Advocate (Crl.) 1/6

ORDER

This petition has been filed seeking for a direction to the respondents to consider the representation dt.13.05.2025 to grant adequate police protection to the petitioner's life and limb within a stipulated by this Court.

2. The learned counsel appearing for the petitioner submitted that petitioner is a senior citizen and the third respondent is one of the beneficiaries of a partition deed, by which the joint family property was earlier divided among the petitioner, the third respondent and others. In the aforesaid settlement, the borewell along with motor is situated in S.No.1025 situated at Panchamadevi village at Karur District. Both the petitioner as well as the third respondent have right over the common borewell and motor for the purpose of agriculture. However, on 01.03.2025, the third respondent and his henchman had stolen the pump set and water plastic pipes, following which the petitioner had given a complaint before the 2nd respondent police. Due to the inaction of the second respondent police, when the petitioner himself questioned the atrocious act of the respondent, he was subjected to physical assault by the third respondent. In this regard, the petitioner gave another representation to the second respondent, which has left unattended. Hence, this petition came to be filed.

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3. The learned Government Advocate appearing for the respondent police submitted that, the aforesaid representation was received through post on 5th month of the year 2025.

4. It is needless to point out that whenever a representation of this nature is made to a Statutory Authority, there is a duty cast upon him to consider the same on its own merits and pass appropriate orders in one way or other, instead of keeping the same pending indefinitely. As such, non-consideration of the representation by the Statutory Authority would amount to dereliction of duty and hence, this Court will be justified in invoking its extraordinary powers under Article 226 of the Constitution of India and direct them to consider the same within a stipulated time.

5. In the light of the above observations, there shall be a direction to the second respondent to issue notice under Section 64 BNSS, 2023 to the petitioner, third respondent as well as all other persons, who may be interested in the subject matter, proceed with the enquiry and to consider the petitioner's representation dated 13.05.2025, on its own merits and in accordance with law, within a period of four weeks from the date of receipt of a copy of this order. It 3/6

is also made clear that this Court has not expressed any of its views with regard to the merits of the matter and that it is open to the respondents to consider the same on its own merits.

6. With the above observations and directions, the criminal original petition stands disposed of.

11.02.2026 NCC : Yes / No Index : Yes / No Sm 4/6

TO:-

1. The Superintendent of Police, Karur District, Karur.

2. The Inspector of Police, Vengamedu Police Station, Karur District.

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

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L.VICTORIA GOWRI, J.

Sm Order made in Dated 11.02.2026 6/6