M. Edison Samuel 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 M.Edison Samuel .. Petitioner Vs.

1. The Superintendent of Police Kanyakumari District

2. The Inspector of Police Puthukadai Police Station Kanyakumari District 3.Kavitha

4. David Raj .. Respondents PRAYER : Criminal Original Petition filed under Section 528 of BNSS, to direct the respondents 1 and 2 to afford sufficient police protection to the life and limb of the petitioner and his family members against the respondents 3 and 4.

For Petitioner : Mr.C.T.Perumal For Respondents : Mr.M.Sakthi Kumar No.1 and 2 Government Advocate(Crl.Side) 1/5

ORDER

This Criminal Original Petition has been filed to direct the respondents 1 and 2 to afford sufficient police protection to the life and limb of the petitioner and his family members against the respondents 3 and 4.

2. The learned counsel appearing for the petitioner would submit that the petitioner is the owner of the property in R.S.No.79/1 of Keelkulam 'B' Village, Killiyoor Taluk, Kanyakumari District to an extent of 283.29 sq.mt. The said property was purchased from the third respondent. Now the third respondent along with her husband fourth respondent are demanding more money from the petitioner and interfering with the possession of the petitioner and causing disturbance and threat. Hence she lodged a complaint 02.09.2024 for which CSR No. 518 of 2024 assigned and thereafter no action was taken. Again on 04.03.2025 the respondents 3 and 4 attempted to attack the petitioner with stick and aruval and also abused in filthy language but the petitioner escaped from the attack, thereby she lodged complaint on 04.03.2025 but the same has not been considered, hence filed the present petition. 2/5

3. The learned Government Advocate(Crl.Side) appearing for the respondents 1 and 2 would submit that already the complaint of the petitioner was enquired and closed on 09.03.2024 and thereafter the petitioner again sent a complaint on 04.03.2025 and the same was closed after enquiry on 08.03.2025. In the above said enquiry the petitioner executed a hand written letter stating that he will take appropriate steps to vacate the house through civil Court and therefore the petition was closed. 4.Since the prayer of the petitioner is to afford sufficient police protection and already the representation of the petitioner was closed, it is for the petitioner to approach the appropriate forum for the property dispute. However if any criminal activities done by the private respondents it is for the petitioner to approach the second respondent and if any such complaint is lodged by any of the parties, the second respondent is directed to take appropriate action in accordance with law. 3/5

5. 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 Kanyakumari District

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

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P.DHANABAL,J.

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