R.Samaya Kaveri v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 27.02.2026

CORAM:

THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI R.Samaya Kaveri ... Petitioner Vs.

1. The State of Tamil Nadu, Rep. by Its, the Superintendent of Police, O/o. Superintendent of Police, Ramanathapuram, Ramanathapuram District.

2. The Inspector of Police, Thangachimadam Police Station, Ramanathapuram District.

3. O.S.K.David ... Respondents PRAYER : Petition filed under Section 528 of BNSS, 2023 to direct the respondents 1 & 2 to provide adequate Police Protection to the Petitioner's life and property on the basis of her complaint dt.31.10.2025. For Petitioner : Mr.S.Mohamed Kadhar For Respondents : Mr.A.Thiruvadi Kumar (R1 & R2) Additional Public Prosecutor 1/6

ORDER

The petitioner seeks for a direction to the respondents 1 & 2 to provide adequate police protection to the petitioner's life and property on the basis of her complaint dated 31.10.2025.

2. The learned counsel appearing for the petitioner submitted that petitioner's father purchased a coconut grove with 5 HP diesel motor engine at SF No.693 / 20 of Thangachimadam Village, Pamban Group, Rameshwaram Taluk, Ramanathapuram District measuring to extent of 2.50 acres on 21.10.1988, which is classified as government poramboke. In this regard, the petitioner's father had obtained a loan of Rs.31,000/- from the 3rd respondent's father, namely, Kroose for family expenses. Later, the third respondent had demanded the said amount, for which the petitioner's father had given a power of attorney with respect to the property mentioned supra. On repayment of loan by the petitioner's father, the third respondent had cancelled the said power of attorney made in the year 2007. However, the 3rd respondent had created a forged document with respect to the property mentioned supra, for which he had filed a suit in OS No.32 of 2008 on the file of the District Munsif Court at Rameshwaram, which was allowed, against which the petitioner filed first 2/6

appeal in AS No.9 of 2022 on the file of the Subordinate Court at Ramanathapuram, which was allowed in petitioner's favour. Thereafter, the third respondent had filed a second appeal before this Court in SA(MD)No.317 of 2015, and the same was dismissed on 20.09.2017, against which the third respondent further preferred a special leave petition before the Hon'ble Supreme Court, which was also dismissed and now, the petitioner had perfected his title over the said property.

3. The learned counsel appearing for the petitioner further submitted that the question of title in his favor had attained finality. Even thereafter, the 3rd respondent is continuously hindering the peaceful possession and enjoyment of his property. Hence, it is the utmost necessity of the petitioner, to be protected by according necessary police protection and hence, he has lodged a complaint to the second respondent police on 31.10.2025. However, the same was not considered, hence this petition came to be filed.

4. The learned Additional Public Prosecutor fairly submitted that the dispute with respect to the title had attained finality. 3/6

5. Heard the learned counsel on either sides and carefully perused the materials available on record. Since no adverse order is proposed to be passed against the private respondent herein, notice to him is dispensed with.

6. Considering the facts and circumstances of this case, the second respondent is directed to require the petitioner as well as the 3rd respondent to appear on summons under Section 64 BNSS and on receipt of the same, the petitioner is directed to appear before the 2nd respondent police and produce all the documents to substantiate his claim. The second respondent, if satisfied by the documents submitted by the petitioner, is directed to afford necessary police protection, in terms of GO.Ms.No.139, Home (Pol-VIII) Department, dated 04.03.2019.

7. With the above direction, this criminal original petition stands disposed of.

27.02.2026 NCC : Yes / No Index : Yes / No sm 4/6

TO:-

1. The Superintendent of Police, O/o. Superintendent of Police, Ramanathapuram, Ramanathapuram District.

2. The Inspector of Police, Thangachimadam Police Station, Ramanathapuram District.

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

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L.VICTORIA GOWRI, J.

Sm Order made in Dated 27.02.2026 6/6