Madras High CourtCRL OP(MD)/3730/2026disposed of

Baby v. The Superintendent Of Police

2026-02-23Honourable Mrs Justice L.Victoria Gowri4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 23.02.2026

CORAM:

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

1. The Superintendent of Police, Kanniyakumari District at Nagercoil.

2. The Inspector of Police, Eraniel Police Station, Kanniyakumari District.

3. Gopalakrishnan ... Respondents PRAYER : Petition filed under Section 528 of BNSS, 2023 to direct the respondents 1 and 2 to give adequate police protection to construct the compound wall in the petitioner's property situated in Re.Sy.No.18/10 of Villukuri Village on the basis of the petitioner's representation dated 13.01.2026.

For Petitioner : Mr.A.Balakrishnan For Respondents : Mr.M.Sakthi Kumar (R1 & R2) Government Advocate (Crl.) 1/4

ORDER

This petition has been filed seeking for a direction to the respondents 1 and 2 to give adequate police protection to construct the compound wall in the petitioner's property situated in Re.Sy.No.18/10 of Villukuri Village on the basis of the petitioner's representation dated 13.01.2026.

2. The learned counsel appearing for the petitioner submitted that the petitioner initiated to construct a common wall, which was hindered by the 3rd respondent and hence, this petition came to be filed.

3. Heard the learned counsel on either sides and carefully perused the materials placed before this Court. Considering the nature of the order proposed to be passed in this petition, notice to the private respondent is dispensed with.

4. Considering the facts and circumstances of the case, the second respondent police is directed to issue summons under Section 64 of BNSS, 2023, to the petitioner and the third respondent, and to conduct an enquiry regarding their rival claims. Thereafter, if the petitioner's title with respect to 2/4

the subject property is found to be in order, the second respondent police is directed to provide appropriate police protection on payment of the necessary charges, in accordance with GO.Ms.No.139, Home (Pol-VIII) Department, dated 04.03.2019.

5. With the above direction, this criminal original petition stands disposed of.

23.02.2026 NCC : Yes / No Index : Yes / No Sm TO:-

1. The Superintendent of Police, Kanniyakumari District at Nagercoil.

2. The Inspector of Police, Eraniel Police Station, Kanniyakumari District.

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

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L.VICTORIA GOWRI, J.

Sm Order made in Dated 23.02.2026 4/4