Madras High CourtCRL OP(MD)/3734/2026disposed of

Thangasamy v. The State Of Tamilnadu

2026-02-23Honourable Mrs Justice L.Victoria Gowri5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 23/02/2026

CORAM

THE HONOURABLE MRS. JUSTICE L. VICTORIA GOWRI Thangasamy ... Petitioner Vs 1.The State represented by The Superintendent of Police, Virudhunagar District, Virudhunagar.

2.The Inspector of Police, A.Mukkulam Police Station, Kariapatti Taluk, Virudhunagar District.

3.Dhanachelvi ... Respondents PRAYER :- To direct the respondents 1 and 2 to provide adequate police protection for clearing Thorny bushes by the petitioner in his land in S.Nos. 135/6B3A3 and 135/6B3B, situated at S.Maraikulam Village, Kariapatti Taluk, Virudhunagar District for the purpose of conducting survey in a peaceful manner, within the time frame fixed by this Court. 1/5

For Petitioner : Mr.S.Balamurugan For Respondents : Mr.M.Sakthi Kumar for R.1 & R.2 Government Advocate (Crl Side)

ORDER

This Criminal Original Petition is filed to direct the respondents 1 and 2 to provide adequate police protection for clearing Thorny bushes by the petitioner in his land in S.Nos.135/6B3A3 and 135/6B3B, situated at S.Maraikulam Village, Kariapatti Taluk, Virudhunagar District for the purpose of conducting survey in a peaceful manner, within the time frame fixed by this Court.

2. Learned counsel for the petitioner submitted that the petitioner is in possession and having title over the land in Survey Nos.135/6B3A3 and 135/6B3B, situated at S.Maraikulam Village, Kariapatti Taluk, Virudhunagar District. He has already filed a petition in WP(MD)No. 28582 of 2025 before this Court and by order dated 03.02.2026, this Court had directed the petitioner to submit a fresh survey application after clearing thorny bushes within a week and thereafter his survey 2/5

application shall be disposed of within 12 weeks. In this regard, the petitioner has taken necessary steps to clear the thorny bushes, for which the 3rd respondent and his henchmen are hindering the petitioner. In this regard only to execute the order passed by this Court in WP(MD)No. 28582 of 2025, so as to facilitate the petitioner to remove the thorny bushes and thereafter seek conduct of a survey, this Criminal Original Petition is filed.

3. Learned Government Advocate submitted that as contended by the Counsel for the petitioner, the said property do not belong to the petitioner. There are rival claims for the said property. In this regard, the 2nd respondent police is directed to issue notice to the petitioner as well as the rival party and give them the opportunity of hearing and take necessary steps to remove the thorny bushes, so as to facilitate the parties to arrive at a consensus with respect to the title, for which the petitioner is directed to pay the necessary expenditure for affording police protection in terms of G.O.Ms.No.139 Home (Pol.VIII) Department dated 04.03.2019.

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

23.02.2026 NCC : Yes/No Index : Yes / No Internet : Yes / No pnn To 1.The Superintendent of Police, Virudhunagar District, Virudhunagar.

2.The Inspector of Police, A.Mukkulam Police Station, Kariapatti Taluk, Virudhunagar District.

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

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L. VICTORIA GOWRI,J pnn

ORDER

IN CRL OP(MD) No.3734 of 2026 Date : 23/02/2026 5/5