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Madras High CourtCRL OP(MD)/2989/2026disposed of

Nagasankari v. The Superintendent Of Police

2026-02-13Honourable Mrs Justice L.Victoria Gowri6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 13.02.2026

CORAM:

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

1.The Superintendent of Police, O/o of the Superintendent of Police, Sivagangai District.

2.The Inspector of Police, Palayanoor Police Station, Sivagangai District.

3.The Tahsildhar, Thiruppuvanam Taluk, Sivagangai District.

4.The Taluk Surveyor, Thiruppuvanam Taluk, Sivagangai District.

... Respondents PRAYER : Petition filed under Section 528 of BNSS, 2023, to direct the 2nd respondent to provide police protection based on the petitioner's online complaint dated 29.01.2026 in accordance with law. For Petitioner : Mr.N.Jeyaram Sidharth For R1 to R3 : Mr.M.Sakthi Kumar Government Advocate (Crl.Side) For R4 : Mr.T.Amjedkhan 1/6

ORDER

This criminal original petition has been filed to direct the 2nd respondent to provide police protection based on the petitioner's online complaint dated 29.01.2026 in accordance with law.

2. The learned counsel for the petitioner submitted that this criminal original petition has been filed seeking to direct the second respondent to provide police protection based on the petitioner's online compliant dated 29.01.2026 for the purpose of survey the land situated in S.No.442/9 in Melachorikulam Village, Thiruppuvanam Taluk. On 02.01.2026, survery was conducted in the said land. However, one Malaisamy, Ramakrishnan and four others intervened and disturbed the peaceful conduct of the survey and hence, the survey was not fully concluded. In this regard, the petitioner requires immediate police protection for the peaceful conduct of survey in the said land and hence, he had given a representation on 29.01.2026. The inaction of the respondent police has compelled the petitioner to file this Criminal Original Petition.

3. The learned Government Advocate (Crl.Side) submitted that after the complaint received from the petitioner, the second respondent police required 2/6

both the parties and conducted an inquiry and directed the petitioner to approach the Taluk Surveyor. If the request is raised by the Taluk Surveyor for affording police protection, they are ready to give protection. However, there was no follow up and the same was closed. Subsequently, the petitioner had filed a writ petition before this Court in WP(MD)No.35437 of 2025 in which this Court by the order dated 10.12.2025, directed the Taluk Surveyor to conduct survey within a period of eight weeks. However, so far, the second respondent police did not receive any intimation from the Taluk Surveyor requiring police protection. If at all the Taluk Surveyor requires police protection, they are ready to afford the same.

4. Heard both sides and carefully perused the materials available on record.

5. In this regard, to facilitate the Taluk Surveyor from complying with the order passed by this Court in WP(MD)No.35437 of 2025, the petitioner is directed to make a suitable application before the 4th respondent and pay necessary fee for survey and Mr.T.Amjed Khan, learned counsel takes notice for the 4th respondent. The 4th respondent/Taluk Surveyor, on receipt of the application, is required to conduct a survey in compliance with the order passed 3/6

by this Court in WP(MD)No.35437 of 2025. If at all, any obstruction or disturbance is caused by any private persons, the Taluk Surveyor is directed to require ofr appropriate police protection from the 2nd respondent and the 2nd respondent, on receipt of requisition from the 4th respondent, is directed to afford necessary police production on payment of the necessary fee by the petitioner in terms of G.O.(Ma).No.139, Home (Pol-VIII) Department, dated 04.03.2019 and the respondent police is directed to provide the required protection on the specified date upon receipt of such payment.

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

13.02.2026 NCC : Yes / No Index : Yes / No dss 4/6

To:- 1.The Superintendent of Police, O/o of the Superintendent of Police, Sivagangai District.

2.The Inspector of Police, Palayanoor Police Station, Sivagangai District.

3.The Tahsildhar, Thiruppuvanam Taluk, Sivagangai District.

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

5/6

L.VICTORIA GOWRI, J.

dss Order made in Dated 13.02.2026 6/6