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Madras High CourtCRL OP(MD)/4317/2026disposed of

N. Annamalai v. The State Of Tamilnadu, Rep. By The Superintendent Of Police, Sivagangai,

2026-02-26Honourable Mrs Justice L.Victoria Gowri6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 26.02.2026

CORAM

THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI N.Annamalai ... Petitioner Vs.

1.The Superintendent of Police, Office of the Superintendent of Police, Sivagangai, Sivagangai District.

2.The Inspector of Police, North Police Station, Karaikudi, Sivagangai District-630 001.

3.R.M.Azhagappan ... Respondents Prayer : Criminal Original Petition is filed under Section 528 of BNSS, 2023, to direct the respondents 1 and 2 to give necessary police protection to the petitioner based on his complaint dated 23.01.2026. For Petitioner : Mr.L.Shaji Chellan For R1 & R2 : Mr.M.Sakthi Kumar Government Advocate(Crl.Side) 1/6

ORDER

Seeking to direct the respondents 1 and 2 to give necessary police protection to demolish the house situated in bearing Old No.87 & No. 2/87, Jawahar Street, Karaikudi Town, Sivagangai District measuring 1586.0 sq.ft based on his complaint dated 23.01.2026, this criminal original petition is filed.

2. Since no adverse order is passed against the 3rd respondent, notice to the 3rd respondent is dispensed with.

3. The learned counsel for the petitioner submitted that the petitioner is the absolute owner in possession and title over the 17077 sq.ft of housing land in T.S.No.506 in Karaikudi Town. Already three portions have collapsed and the house is in a highly dilapidated condition. In this regard, the petitioner had made necessary application to the Karakudi Municipality seeking permission to demolish the said dilapidated tiled house on 25.04.2017 and the same has been permitted 2/6

vide proceedings of the Karaikudi Municipal Commissioner in Ka.Ma.No.29/2017/F2 dated 05.05.2017 and the petitioner was duly permitted by the concerned authority to demolish his house. Despite the same, the 3rd respondent is hindering the petitioner from conducting the said exercise. Though the petitioner had required the 2nd respondent police to afford necessary police protection, the same is not afforded. Hence, this petition.

4. The learned Government Advocate (Crl.Side) submitted that so far, the respondent police has not received any request from the petitioner. A representation was received only by registered post on 23.01.2026 and in this regard, C.S.R has been issued.

5. Heard the learned counsel on either side and carefully perused the materials available on record.

6. It is seen that already the learned District Munsif Court, Karaikudi in R.L.T.O.P.No.18 of 2022, dated 18.08.2025 had directed 3/6

the 3rd respondent to vacate and hand over the possession of the house property mentioned supra. The Karaikudi Municipal Commission had also given permission on 05.05.2017 to demolish the said dilapidated building. Hence, it is a considered opinion of this Court that the 2nd respondent should promptly afford necessary police protection to the petitioner in demolishing the dilapidated building in terms of the proceedings of the Karaikudi Municipal Commissioner, in Ka.Ma.No. 29/2017/F2 dated 05.05.2017and in view of the decree passed by the learned District Munsif, Karaikudi in R.L.T.O.P.No.18 of 2022, dated 18.08.2025.

However, it is made clear that in the meanwhile, the 2nd respondent police is directed to summon both the petitioner as well as the 3rd respondent under Section 64 BNSS and require them to produce all necessary documents which would substantiate the title of the petitioner with respect to the aforesaid properties. On perusal of the same, it the petitioner's title is found to be true, the 2nd respondent police is directed to afford necessary police protection on payment of necessary fees in terms of G.O(Ms)No.139, Home (Pol-VIII) Department, dated 04.03.

date of receipt of copy of this order.

7. With the above directions, this Criminal Original Petition is disposed of.

26.02.2026 NCC : Yes / No Index : Yes / No Internet : Yes/ No gbg To 1.The Superintendent of Police, Office of the Superintendent of Police, Sivagangai, Sivagangai District.

2.The Inspector of Police, North Police Station, Karaikudi, Sivagangai District-630 001.

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

5/6

L.VICTORIA GOWRI, J.

gbg 26.02.2026 6/6