Mahalakshmi v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 18.02.2025

CORAM:

THE HONOURABLE MR.JUSTICE P.DHANABAL Crl.O.P.(MD)No.3201 of 2025 Mahalakshmi ... Petitioner Vs.

1. The State of Tamil Nadu, Rep by the Superintendent of Police, Surveyor Colony, Madurai District.

2. The Inspector of Police, Kottampatti Police Station, Madurai District.

3. Mayazhagan

4. Pitchai @ Ponnusamy

5. Chinnasamy @ Pazhanisamy ... Respondents PRAYER : Petition filed under Section 528 of BNSS 2023, to issue order of direction to the respondents 1 and 2 to provide adequate police protection for the life and limb of the petitioner and her family members. 1/6

For Petitioner :

Mr.S.A.Ajmal Khan For Respondents :

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

ORDER

This criminal original petition has been filed seeking for a direction to the official respondents to provide adequate police protection for the life and limb of the petitioner and her family members.

2. Considering the nature of the order going to be passed in this criminal original petition, notice to the private respondents is dispensed with. Heard the learned counsel on either side and perused the records placed before this Court.

3. According to the petitioner, he is the owner of the property in S.No. 540/24, measuring to an extent of 0.00.59 mtr, situated at Manapacheri Village, Melur Taluk, Madurai District, through the will executed by the petitioner's father dated 11.06.2020 in his favour. The father of the petitioner had filed a suit 2/6

seeking for declaration and permanent injunction in respect of the subject property in O.S.No.137 of 2007 on the file of the District Munsif Court, Melur against the private respondents herein and the same was also decreed in favour of the petitioner's father. As against the same, the private respondents preferred an appeal in AS(MD)No.12 of 2019 on the file of the Sub Court, Melur and the same was also dismissed. Now, the petitioner is the absolute owner of the subject property. However, the private respondents are causing disturbance to the petitioner and therefore, the petitioner sent a representation dated 03.02.2025 to the respondents 1 and 2. Since the same has not been considered till date, the petitioner filed this petition.

4. The learned Government Advocate appearing for the official respondents would submit that the petitioner made a complaint through post without enclosing any documents to support of his contention, for which, the respondents issued a receipt in CSR No.83 of 2025 dated 18.02.2025. He would further submit that the petitioner never appeared for enquiry and if the petitioner appears before the second respondent along with documents, then the 3/6

representation of the petitioner will be considered and disposed of in accordance with law.

5. Considering the submissions made on either side and also considering the facts and circumstances of this case, this Court hereby directs the petitioner to appear before the second respondent along with the relevant documents for enquiry on 24.02.2025 and the second respondent is also directed to complete the enquiry, after issuing notice to the interested parties, within a period of fifteen days thereafter.

6. With the above direction, this criminal original petition is disposed of. 18.02.2025 Index :

Yes / No sm 4/6

TO:-

1. The Superintendent of Police, Surveyor Colony, Madurai District.

2. The Inspector of Police, Kottampatti Police Station, Madurai 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.3201 of 2025 Dated:

18.02.2025 6/6