M.Muthu v. The State Of Tamil Nadu,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 05.03.2025
CORAM
THE HONOURABLE MR.JUSTICE P. DHANABAL M.Muthu ... Petitioner Vs
1. The State of Tamil Nadu, Rep. by the Superintendent of Police, Theni District, Theni.
2. The Block Divisional Officer, K.Myladumbarai Panchayat Union, Aundipatti Taluk,
3. The Revenue Inspector,
4. The Tahsildar, Aundipatti Taluk,
5. The Village Administrative Officer, Myladumparai Village, Aundipatti Taluk, 1/6
6. The Inspector, Myladumparai Police Station,
7. Amutha ... Respondents PRAYER: Criminal Original petitions have been filed under Section 528 of BNSS to issue a direction, directing the 1st respondent to provide adequate police protection based on the petitioners representation dated 19.02.2025.
For Petitioner : Mrs.S.Sangeetha Sri For R1 & R6 : Mr.M.Sakthi Kumar Government Advocate (Crl.Side)
O R D E R
This Criminal Original Petition has been filed seeking a direction to the first respondent to provide adequate police protection based on the petitioner's representation dated 19.02.2025. 2.According to the petitioner, he is the owner of the property in 2/6
S.F.No.1062/1, 1062/2 and 1062/3 situated at Myladumbarai Village, Aundipatti Taluk, Theni District for an extent of 3.77 acres. The petitioner is in possession and enjoyment of the said property by doing agricultural work. While so, the seventh respondent trespassed into the petitioner's property and asked bribe to allow the petitioner to continue the farming activities but the petitioner has refused for the same. While so, with the help of the sixth respondent, the seventh respondent illegally entered into the property and cut down the coconut trees and other trees thereby, the petitioner's son lodged the complaint as against the seventh respondent for which, an FIR in Crime No.70 of 2022 was registered and the same is pending. In the mean time, the petitioner's son filed a suit in O.S.No.
35 of 2024 before the District Munsif Court, Aundipatti as against the seventh respondent, which is also pending. Again on 27.01.2025, the seventh respondent entered into the petitioner's property and caused criminal intimidation with dire consequences. Therefore, he sent the representation, dated 19.02.2025 seeking necessary police protection but the same was not considered by the sixth respondent. Hence this petition.
3.The learned Government Advocate (Crl.Side) appearing for the 3/6
respondent police would submit that the property is a government poramboke land and the revenue officials lodged a complaint against the petitioner and thereafter, the revenue authorities fenced the land. In the mean time, the petitioner also sent the representation and the same is still pending, which will be considered and disposed of within a period of one week.
4.Since the revenue authorities fenced the property, it is for the petitioner to take appropriate steps in the manner known to law. As far as the petitioner's representation is concerned since it is pending before the sixth respondent, he is directed to dispose the same within a period of one week from the date of this order in accordance with law. 5.With the above direction, this Criminal Original Petition is disposed of.
05.03.2025 Internet :Yes Index :Yes/No NCC :Yes/No LR 4/6
To
1. The State of Tamil Nadu, Rep. by the Superintendent of Police, Theni District, Theni.
2. The Block Divisional Officer, K.Myladumbarai Panchayat Union, Aundipatti Taluk,
3. The Revenue Inspector,
4. The Tahsildar, Aundipatti Taluk,
5. The Village Administrative Officer, Myladumparai Village, Aundipatti Taluk,
6. The Inspector, Myladumparai Police Station, 7.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
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P. DHANABAL, J.
LR 05.03.2025 6/6