Shanmugavel Nadar v. The State Of Tamilnadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 12.03.2025
CORAM:
THE HONOURABLE MR.JUSTICE P.DHANABAL CRL.O.P(MD) No.4562 of 2025 Shanmugavel Nadar ... Petitioner Vs.
1. The State of Tamil Nadu, Represented by the Superintendent of Police, O/o.The Superintendent of Police Office, Thoothukudi, Thoothukudi District.
2. The Deputy Superintendent of Police, O/o.Deputy Superintendent of Police Office, Vilathikulam, Thoothukudi District.
3. The Inspector of Police, Vilathikulam Police Station, Thoothukudi District.
... Respondents PRAYER: Criminal Original Petition filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, to direct the 3rd respondent to provide adequate police protection to the life and limb of the petitioner, based on the representation dated 05.12.2024 within the time frame that may be stipulated by this Court. Page No. 1 of 5
For Petitioner : Mr.R.Murugan For Respondents : Mr.M.Sakthi Kumar Government Advocate (Crl. Side) *****
O R D E R
This petition has been filed by the petitioner to direct the 3rd respondent to provide adequate police protection to the life and limb of the petitioner based on the representation dated 05.12.2024.
2. According to the petitioner, he is the owner of the property in Survey No.9/6A to an extent of 2 acre 73 cents situated in Vilathikulam Village, Thoothukudi District. While so, the adjacent land owners illegally trespassed and try to lay a road across the petitioner's property and thereby, he filed a petition before this Court in Crl.O.P(MD) No. 15228 of 2020 and the same was ordered on 21.12.2020. At the intervention of the 3rd respondent, the materials and stones for laying road were removed and the adjacent land owners also encroached a portion of the land belonging to the petitioner. Therefore, he filed a petition to survey and demarcate the land and to provide adequate police protection, and this Court also directed to demarcate the property by fixing Page No. 2 of 5
boundaries. Thereafter, one Radhakrishnan along with 10 others trespassed into the property and removed the fence by damaging the fencing stones. Therefore, he lodged a complaint before the 3rd respondent on 05.12.2024 and the same has not been considered. Hence, he has filed this petition.
3. The learned Government Advocate (Criminal Side) appearing for the respondents would submit that the representation of the petitioner is under consideration and they sought for records from the Revenue Department. After obtaining the documents from the Revenue Department, they will consider the representation of the petitioner and dispose of the same within fifteen days.
4. Since the prayer of the petitioner is to provide adequate police protection for the property and the representation of the petitioner is under consideration by the 3rd respondent, this Court directs the 3rd respondent to dispose of the representation of the petitioner dated 05.12.2024 in accordance with law within a period of fifteen [15] days by affording opportunities for both the parties.
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5. With the above said direction, this Criminal Original Petition is disposed of.
12.03.2025 NCC : Yes/No Index : Yes / No Internet : Yes / No Mac To
1. The Superintendent of Police, O/o.The Superintendent of Police Office, Thoothukudi, Thoothukudi District.
2. The Deputy Superintendent of Police, O/o.Deputy Superintendent of Police Office, Vilathikulam, Thoothukudi District.
3. The Inspector of Police, Vilathikulam Police Station, Thoothukudi District.
4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
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P.DHANABAL.J, Mac Crl.OP(MD) No.4562 of 2025 12.03.2025 Page No. 5 of 5