Thangavelu v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 06.03.2025

CORAM

THE HONOURABLE MR.JUSTICE P. DHANABAL Crl.O.P(MD)No.4155 of 2025 Thangavelu ... Petitioner Vs

1. The State of Tamilnadu, Rep by the Superintendent of Police, Tenkasi District, Tenkasi.

2. The Inspector of Police, Town Police Station, Sankarankovil Town, Tenkasi District.

3. Valliyammai

4. Sankarammal

5. Gomathi

6. Maari

7. Murugan

8. Sathteesh

9. Raasu

10. Petchiammal

11. Kavitha ... Respondents

PRAYER: Criminal Original petitions have been filed under Section 528 of BNSS to direct the Respondents 1 and 2 to consider the petitioner's representation, dated 24.02.2025 for providing adequate police protection to the petitioner's life and limb and also for his property situated in S.No. 110/6, now T.S.No.37/7 in ward A of Block 31 measuring an extent of 32 cents in Sankarankovil Village and Taluk, Tenkasi District, within a stipulated time fixed by this Court.

For Petitioner : Mr. M.Thirunavukkarasu For Respondents : Mr.M.Sakthikumar Government Advocate (Crl.Side)

O R D E R

This Criminal Original Petition has been filed seeking to direct the respondents 1 and 2 to consider the petitioner's representation, dated 24.02.2025 for providing adequate police protection to the petitioner's life and limb and also for his property situated in S.No.110/6, now T.S.No.37/7 in ward A of Block 31 measuring an extent of 32 cents in Sankarankovil Village and Taluk, Tenkasi District.

2.According to the petitioner, he is the owner of the property in S.No.110/6, now T.S.No.37/7 in ward A of Block 31 measuring an extent of 32 cents in Sankarankovil Village and Taluk, Tenkasi District and the private respondents have no right over the property. The petitioner got a

decree in his favour, however, the private respondents are interfering with the peaceful possession and enjoyment of the petitioner and restraining the petitioner from harvesting the crops. In this regard, he has lodged a complaint against them, for which, FIR in Cr.No.179 of 2024 was registered and is pending before the respondent police. However, on 18.02.2025, again the private respondents are causing disturbance to his profession. Therefore, he has lodged another complaint on 18.02.2025 and the enquiry is pending in CSR No.138 of 2025, the respondent police failed to take criminal action against the private respondents. In this regard, he has sent a representation on 24.02.2025 to the respondents police and the same was not considered. Hence, this petition.

3. The learned Government Advocate (Crl.Side) appearing for the respondent police would submit that the complaint given by the petitioner on 18.02.2025 was enquired and closed. However, the respondent police had already given police protection to the petitioner while harvesting the crops. Thereafter, the petitioner has again given a representation on 24.02.2025 and the same is pending for consideration and enquiry will be completed within a period of one week.

4.Since the prayer of the petitioner is to provide police protection and already the 2nd respondent had given police protection to the petitioner at the time of harvesting and thereafter, the said complaint was closed, nothing survives for further adjudication in this case. However, the representation given by the petitioner on 24.02.2025 is under enquiry, hence, the 2nd respondent is directed to consider the representation of the petitioner, dated 24.02.2025 and dispose the same, in accordance with law within a period of one week.

5.With the above directions and observations, this petition stands disposed of.

06.03.2025 Internet :Yes Index :Yes/No NCC :Yes/No PNM To 1.The Superintendent of Police, Tenkasi District, Tenkasi.

2. The Inspector of Police, Town Police Station, Sankarankovil Town, Tenkasi District.

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

P. DHANABAL, J.

PNM Crl.O.P(MD)No.4155 of 2025 06.03.2025