Aandavar v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 08.04.2025

CORAM

THE HONOURABLE MR.JUSTICE P. DHANABAL Aandavar ... Petitioner Vs

1. The Superintendent of Police, Collectorate Campus, Theni, Theni District.

2. The Sub Inspector of Police, Veerapandi Police Station, Theni District.

3. Chinnakalai ... Respondents PRAYER: Criminal Original petition has been filed under Section 528 of BNSS to direct the 1st and 2nd respondents to provide adequate police protection to the life and limb of the petitioner based on the representation dated 06.03.2024.

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For Petitioner : Mr.R.Murugan, For R1 and R2 : Mr.M.Karunanithi Government Advocate (Crl.Side) For R3 : No Appearance

O R D E R

This Criminal Original Petition has been filed seeking a direction to the respondents 1 and 2 to provide adequate police protection to the life and limb of the petitioner based on the representation dated 06.03.2024.

2.According to the petitioner, there is a property dispute between the petitioner and the third respondent. Already the third respondent filed a suit in O.S.No.66 of 2022 before the District Munsif Court, Theni and the same was dismissed on 06.02.2024 and thereafter, no any steps were taken for restoration of the suit. However, the third respondent frequently causing disturbance to the petitioner from enjoying the property. Therefore, the petitioner sent the representation dated 06.03.2024, but the same has not been considered. Hence this petition. 2/5

3.The learned Government Advocate (Crl.Side) appearing for the respondent police would submit that based on the petitioner's representation, they conducted enquiry, for which both the parties appeared and the petitioner's representation was closed on the assurance given by the third respondent that he will not interfere with the petitioner's possession and he seek the remedy through the civil Court where a suit in O.S.No.66 of 2022 is pending. Therefore, nothing survives for further adjudication in this matter. 4.Considering the limited scope of the prayer sought for in this petition, this Court, without even issuing notice to the private respondent, is inclined to pass order.

5.According to the petitioner, the third respondent frequently interfered with the petitioner's possession of the subject property and also caused threat thereby, he sent the representation dated 06.03.2024 for police protection and the same has not been considered. According to the second respondent, the petitioner's representation was enquired and closed on the assurance given by the third respondent that he will not 3/5

interfere with the petitioner's possession.

6.Recording the submission made on behalf of the second respondent, this Criminal Original Petition is closed. If the third respondent involves in criminal activities, the petitioner is at liberty to lodge a specific complaint, in accordance with law. 08.04.2025 Internet :Yes Index :Yes/No NCC :Yes/No LR To

1. The Superintendent of Police, Collectorate Campus, Theni, Theni District.

2. The Sub Inspector of Police, Veerapandi Police Station, Theni District.

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

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P. DHANABAL, J.

LR 08.04.2025 5/5