Kodishvaran v. The State Of Tamil Nadu,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.03.2025

CORAM

THE HON'BLE MR.JUSTICE P.DHANABAL Kodishvaran .. Petitioner Vs.

1. The Superintendent of Police O/o The Superintendent of Police Tirunelveli District

2. The Inspector of Police Vijayanarayanam Police Station Tirunelveli District .. Respondents PRAYER : Criminal Original Petition filed under Section 528 of BNSS, to direct the respondents 1 and 2 to provide adequate police protection to life and limb of the petitioner by considering the petitioner's representation dated 10.02.2025.

For Petitioner : Mr.G.Sujeeth For Respondents : Mr.M.Sakthi Kumar No.1 and 2 Government Advocate(Crl.Side) For impleading party : Mr.R.Balakrishnan 1/5

ORDER

This Criminal Original Petition has been filed by the petitioner to direct the respondents 1 and 2 to provide adequate police protection to life and limb of the petitioner by considering the petitioner's representation dated 10.02.2025.

2. The learned counsel appearing for the petitioner would submit that the petitioner is the owner of the property 39/4A, Periya Nadar Kudiyiruppu, Vijayanarayanam (Part I) Village, Tisayanvillai Taluk, Tirunelveli District . While so, one Jebadurai restrained the petitioner from surveying the property. Already a Writ Petition was filed in W.P(MD) No. 7743 of 2024 and the same was disposed of and thereafter Surveyor issued notice to one Jeyarani and the same was challenged through W.M.P(MD) No.10720 of 2024 and was disposed of by giving five weeks breathing time to the said Jeyarani to get interim injunction before the lower court failing which the respondents 3 and 4 were directed to go ahead with the survey exercise. The said Jeyarani was unable to get interim injunction and the suit is still pending. In the meantime when the petitioner approached to survey authorities to survey the land and to fix boundary stones the said Jeyarani and Jebadurai interfered with the same. 2/5

Therefore the petitioner had sent a representation dated 10.02.2025, but the same has not been considered, hence the present petition has been filed.

3. The learned Government Advocate(Crl.Side) appearing for the respondents 1 and 2 would submit that they received the representation yesterday only (10.03.2025) and they will conduct enquiry and dispose of the representation of the petitioner in terms of the orders passed by this Court.

4. Mr.R. Balasubramanian learned counsel represented that he is the aggrieved party and he was not impleaded a party to the proceedings, therefore he seeks time to implead himself in the above petition.

5. Considering the limited scope of prayer sought for in this petition, this Court is inclined to pass orders even without issuing notice to the proposed parties. Since the prayer of the petitioner is only to provide police protection by considering the petitioner's representation and the same is pending before the second respondent, it is for the second respondent to conduct enquiry and dispose of the same in accordance with 3/5

law.

6. Since the representation of the petitioner is pending before the second respondent, this Court directs the second respondent to conduct enquiry on the representation of the petitioner and dispose of the same within a period of 15 days from the date of this order after issuing notice to the interested parties in accordance with law.

7. With the above direction, the Criminal Original Petition stands disposed of.

11.03.2025 NCC : Yes/No Index : Yes / No Internet : Yes / No aav To

1. The Superintendent of Police O/o The Superintendent of Police Tirunelveli District

2. The Inspector of Police Vijayanarayanam Police Station Tirunelveli District 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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P.DHANABAL,J.

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