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Madras High CourtCRL OP(MD)/2891/2026disposed of

Thavasi v. The State Of Tamil Nadu

2026-02-12Honourable Mrs Justice L.Victoria Gowri9 pages

Crl.O.P(MD).No.2891 of 2026 L. VICTORIA GOWRI,J.

Today, this matter is listed under the caption 'for being mentioned' at the instance of the learned counsel for the petitioner. 2.The learned counsel for the petitioner submitted that certain errors have inadvertently crept into the order dated 12.02.2026, and therefore, the same may be rectified.

3.Registry is directed to issue a revised order copy to the parties as follows:

"This petition has been filed seeking police protection to renovate the temple, namely "Sri Kallavandan Swamy Temple" situated at Rajapalayam.

2.The learned counsel for the petitioner submitted that material facts have been suppressed regarding the decree already passed by the competent civil Court concerning the management of the said temple. In Crl. O.P.(MD) No. 23652 of 2025, the private respondents had obtained an order for police protection on 19/12/2025 for constructing a compound wall and now the same 1/9

group is obstructing the petitioner from renovating the temple. Hence, he seeks the indulgence of this Court.

3. Mr. M. Sakthi Kumar, learned Government Advocate (Crl. Side) appearing for the respondent police, submitted that despite the directions of the competent Civil Court for all the factions to form a committee for the administration of the said temple, no action has been taken. The civil decree remains un-implemented by the respective parties. In this regard, the Executive Magistrate, at the instance of the respondent police has taken necessary steps to proceed against all four factions under Section 126 of the BNSS through proceedings bearing LIR No. 48 of 2025.

4. In view of the above, the Tahsildar, Rajapalayam Taluk, Virudhunagar District, is suo motu impleaded as the fourth respondent in this petition. Registry is directed to carry-out the necessary amendment in the cause-title. The fourth respondent is directed to conclude the proceedings initiated under Section 126 of the BNSS in LIR No. 48 of 2025 and pass the necessary orders within a period of two weeks from the date of receipt of a copy of this order. The petitioner herein as well as the petitioners in Crl.O.P.(MD)No. 23652 of 2025 are directed to oblige the order to be passed by the fourth respondent/Tahsildar.

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5. With the above directions, this Criminal Original Petition is disposed of. "

02.04.2026 Rmk 3/9

L. VICTORIA GOWRI,J.

Rmk Crl.O.P(MD).No.2891 of 2026 02.04.2026 4/9

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 12/02/2026

CORAM

THE HONOURABLE MRS. JUSTICE L. VICTORIA GOWRI Thavasi, ... Petitioner Vs

1. The State of Tamil Nadu, Rep By, The Inspector of Police, North Police Station, Rajapalayam Town, Virudhunagar District..

2. Karuthapandiyan, S/o.Madasamy,

3. C.Punamalai, S/o.Chokkan @ Punamalai, ... Respondents PRAYER :- Criminal Original Petition is filed under Section 528 of BNSS, 2023, to direct the first respondent to provide adequate police protection to their life and limb of the petitioner. 5/9

For Petitioner : Mr.J.Arul Prakash, For R1 : Mr.M.Sakthi Kumar, Government Advocate (Crl.Side)

ORDER

This petition has been filed seeking police protection to renovate the temple, namely Kallavandan Swamy Temple situated at Rajapalayam.

2. The learned counsel for the petitioner submitted that material facts have been suppressed regarding the decree already passed by the competent civil courts concerning the management of the said temple. In Crl. O.P.(MD) No. 23652 of 2025, the private respondents had obtained an order for police protection on 19/12/2020 for constructing a compound wall and now the same group is obstructing the petitioner from renovating the temple. Hence, he seeks the indulgence of this Court.

3. Mr. M. Sakthi Kumar, learned Government Advocate (Crl. Side) appearing for the respondent police, submitted that despite the directions of the competent Civil Court for all the factions to form a committee for the administration of the said temple, no action has been taken. The civil 6/9

decree remains un-implemented by the respective parties. In this regard, the Executive Magistrate, at the instance of the respondent police has taken necessary steps to proceed against all four factions under Section 126 of the BNSS through proceedings bearing LIR No. 48 of 2025.

4. The fourth respondent is directed to conclude the proceedings initiated under Section 126 of the BNSS in LIR No. 48 of 2025 and pass the necessary orders within a period of two weeks from the date of receipt of a copy of this order. The petitioner is directed to comply with the orders passed by this Court in Crl. O.P. (MD) No. 23652 of 2025 dated 19.02.2026.

5. With the above directions, this Criminal Original Petition is disposed of.

12.02.2026 TTA TO 7/9

The Inspector of Police, North Police Station, Rajapalayam Town, Virudhunagar District..

L. VICTORIA GOWRI,J TTA

ORDER

IN CRL OP(MD) No.2891 of 2026 8/9

Date : 12/02/2026 9/9