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Madras High CourtCRL OP(MD)/6431/2025closed

P.Selvaraj v. The State Of Tamilnadu

2025-04-08Honourable Mr. Justice P.Dhanabal5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 08.04.2025

CORAM:

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

1. The State of Tamil Nadu, Represented by the Superintendent of Police, Trichy District, Trichy.

2. The Deputy Superintendent of Police, Musiri, Trichy.

3. The Inspector of Police, Thuraiyur Police Station, Trichy District.

4. N. Karunakaramoorthy

5. P.Muthusamy

6. G. Rajalakshmi ... Respondents PRAYER: Criminal Original Petition filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, to direct the 1 to 3 respondents to provide police protection to the petitioner, family members and the agricultural workers life and limb on the basis of the petitioner`s Page No. 1 of 5

representation dated 26.03.2025.

For Petitioner : Mr.R.Rajaraman For R1 to R3 : Mr.R.M.Anbunithi Additional Public Prosecutor (Crl. Side)

O R D E R

This petition has been filed by the petitioner to direct the respondents no.1 to 3 to provide police protection to the petitioner by considering the petitioner's representation dated 26.03.2025.

2. According to the petitioner, he is the owner of the property in S.F.No.370/2, 370/4A, 370/4B to an extent of 1.67.5 Ares situated at Sangampatty Village, Kottaiyur Majra, Thuraiyur Taluk. While so, the respondents no.4 to 6 unlawfully trespassed into the property and damaged the crops and caused life threat to the petitioner and thereby, the petitioner lodged a complaint before the 3rd respondent on 18.03.2025. Thereafter, he sent a representation through registered post on 26.03.2025 and the same has not been considered. Hence, he has filed this petition.

3. The learned Additional Public Prosecutor (Criminal Side) Page No. 2 of 5

appearing for the respondents No.1 to 3 would submit that there is a pathway dispute pending between the petitioner and respondents no.4 to 6 and thereby, the petitioner lodged a complaint against the respondents no. 4 to 6 and the same was enquired and thereafter, closed. During the enquiry, the respondents filed a written statement that they can use the pathway western side to the poultry farm of Paneerselvam and they will not interfere with the petitioner's enjoyment of the field and they have not encroached the property of the petitioner. Therefore, the matter has been closed as civil in nature.

4. Considering the prayer sought for in the petition, this Court without even issuing notice to the respondents no.4 to 6 inclined to pass orders in this petition.

5. According to the petitioner, the respondents no.4 to 6 trespassed into the property and caused damages and also threatened with dire consequences and thereby, he lodged a complaint on 18.03.2025, but no action was taken. Again he sent a representation dated 26.03.2025 and same was also not considered. According to the 3rd respondent, they received the complaint from the petitioner and enquired the matter and Page No. 3 of 5

thereafter, they closed the same after recording the submissions of the respondents no.4 to 6 that they have not claimed any pathway right over the property. Recording the above said submission of the respondents no. 4 to 6, the complaint of the petitioner was already closed, no further orders required to be passed in this case. In view of the same, this Criminal Original Petition is closed.

08.04.2025 NCC : Yes/No Index : Yes / No Internet : Yes / No Mac To

1. The Superintendent of Police, Trichy District, Trichy.

2. The Deputy Superintendent of Police, Musiri, Trichy.

3. The Inspector of Police, Thuraiyur Police Station, Trichy District.

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

Page No. 4 of 5

P.DHANABAL, J.

Mac CRL. OP(MD) No.6431 of 2025 08.04.2025 Page No. 5 of 5