N.Mohamed Musammil v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 26.02.2026

CORAM

THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI N.Mohamed Musammil ... Petitioner Vs.

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

2.The Deputy Superintendent of Police, Office of the Deputy Superintendent of Police, Ramanathapuram Taluk, Ramanathapuram District.

3.The State of Tamilnadu, Rep by Inspector of Police, Devipattinam, Police Station, Devipattinam, Ramanathapuram Taluk, Ramanathapuram District.

4.M.Chandiran 5.P.Siva 6.K.Munidurai ... Respondents 1/6

Prayer : Criminal Original Petition is filed under Section 528 of BNSS, 2023, to direct the 1st respondent to direct the 3rd respondent to give adequate protection to the life and limb of the petitioner and his family members by considering the petitioner's complaint dated 11.02.2026 within the period stipulated by this Court.

For Petitioner : Mr.I.Kalantaraasik Ahamadu For R1 - R3 : Mr.M.Sakthi Kumar Government Advocate(Crl.Side)

ORDER

Seeking to direct the 3rd respondent to provide adequate police protection to the life and limb of the petitioner and his family members considering the petitioner's complaint dated 11.02.2026, this criminal original petition is filed.

2. Since no adverse order is passed against the respondents 4 to 6, notice to the respondents 4 to 6 is dispensed with.

3. The learned counsel for the petitioner submitted that the petitioner is apprehending grave danger to his life and limb at the hands of 4 to 6 respondents and hence, this petition. He further 2/6

submitted that the civil dispute earlier prevailed between the petitioner and the private respondents with respect to the property in Survey Nos. 31/2A, 31/2A1, 31/2A2 to an extent of 1 acre and 22 cents belonging to the petitioner's grandmother, namely Asma Beevi. In this regard, a civil suit in O.S.No.117 of 2016 seeking a relief of declaration and permanent injunction as against the 4th respondent and his henchman, was laid on the file of the District Munsif Court, Ramanathapuram and the same was decreed in favour of the petitioner. Even thereafter, 4 to 6 respondents are disturbing the peaceful enjoyment and possession of the said property and hence, this petition.

4. The learned Government Advocate(Crl.Side) submitted that the petitioner had already filed Crl.O.P(MD)No.16682 of 2025 before this Court seeking the same relief and the same was dismissed since the petitioner was not able to submit before the Court that whether any appeal is filed as against the said decree.

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

6. In this regard, the respondent police is directed to call upon the petitioner as well as the respondents 4 to 6 by issuing summons under Section 64 BNSS and give proper opportunity of hearing to substantiate the claim over the said property in the above said survey numbers and if satisfied, the 3rd respondent police is directed to afford necessary police protection to the petitioner, on payment of necessary fees in terms of G.O(Ms)No.139, Home (Pol-VIII) Department, dated 04.03.2019.

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

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To 1.The Superintendent of Police, Office of the Superintendent of Police, Ramanathapuram District.

2.The Deputy Superintendent of Police, Office of the Deputy Superintendent of Police, Ramanathapuram Taluk, Ramanathapuram District.

3.The Inspector of Police, Devipattinam, Police Station, Devipattinam, Ramanathapuram Taluk, Ramanathapuram District.

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

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L.VICTORIA GOWRI, J.

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