Madras High CourtCRL OP(MD)/3165/2025disposed of

K.Mahalingam v. The State Of Tamilnadu

2025-02-20Honourable Mr. Justice P.Dhanabal6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 20.02.2025

CORAM:

THE HONOURABLE MR.JUSTICE P.DHANABAL Crl.O.P.(MD)No.3165 of 2025 K.Mahalingam ... Petitioner Vs.

1. State of Tamil Nadu, Rep. By the Superintendent of Police, District Police Office, Thanjavur District.

2. State of Tamil Nadu, Rep. By the Sub Inspector of Police, Ayyampettai Police Station, Thanjavur, Thanjavur District.

3. Rajavelu ... Respondents PRAYER : Petition filed under Section 528 of BNSS 2023, to direct the respondents 1 and 2 to provide adequate police protection to the life and limb of the petitioner for harvesting the paddy crop, based on the petitioner's representation dt. 25.01.2025.

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For Petitioner :

Mr.V.Karuna For Respondents :

Mr.M.Sakthi Kumar (R1 & R2) Government Advocate

ORDER

This criminal original petition has been filed seeking for a direction to the respondents 1 and 2 to provide adequate police protection to the life and limb of the petitioner for harvesting the paddy crop, based on the petitioner's representation dated 25.01.2025.

2. Considering the nature of the order going to be passed in this petition, notice to the third respondent is dispensed with.

3. According to the petitioner, he is the lessor and the third respondent is the lessee. There is a tenancy dispute pending between the parties. The petitioner has cultivated paddy crops and now, he wants to harvest the same. While so, the third respondent restricted the petitioner from harvesting the paddy crops. Therefore, the petitioner sent a representation dated 25.01.2025, and the same has not been considered till date, hence, the petitioner filed this petition. 2/6

4. The learned Government Advocate appearing for the respondent police would submit that the representation of the petitioner has already been considered and the same was closed stating that the parties may get appropriate remedy before the Court and therefore, nothing survives for further adjudication.

5. Heard the learned counsel on either side and perused the materials placed before this Court.

6. Admittedly, there is a tenancy dispute between the petitioner and the third respondent and thereby, the third respondent is making obstructions to harvest paddy crops. In this regard, the petitioner made a representation dated 25.01.2025 and the respondents have also closed the same stating that the parties may get appropriate remedy before the Court. Hence, it is for the petitioner to harvest paddy crops and if any disturbance is caused by the third respondent, the petitioner can approach the second respondent in accordance with law. 3/6

7. With the above said direction, this Criminal Original Petition is disposed of.

20.02.2025 Index :

Yes / No sm 4/6

TO:-

1. The Superintendent of Police, District Police Office, Thanjavur District.

2. The Sub Inspector of Police, Ayyampettai Police Station, Thanjavur, Thanjavur District.

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

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P.DHANABAL, J.

sm Order made in Crl.O.P.(MD)No.3165 of 2025 Dated:

20.02.2025 6/6