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Madras High CourtCRL OP(MD)/6514/2025disposed of

G.Uthirapathi v. The State Of Tamil Nadu

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 G.Uthirapathi ... Petitioner Vs.

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

2. The State of Tamil Nadu, Represented by the Inspector of Police, Natchiyaarkovil Police Station, Thanjavur District.

3. Jeyalakshmi ... Respondents PRAYER: Criminal Original Petition filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, to direct the respondents no.1 and 2 to provide adequate police protection to the life and limb of the petitioner from the hands of the 3rd respondent on the basis of the representation dated 25.03.2025.

For Petitioner : Mr.S.Surya For R1 and R2 : Mr.R.M.Anbunithi Additional Public Prosecutor (Crl. Side) Page No. 1 of 5

O R D E R

This petition has been filed by the petitioner to direct the respondents no.1 and 2 to provide adequate police protection to the life and limb of the petitioner from the hands of the 3rd respondent on the basis of the representation dated 25.03.2025.

2. According to the petitioner, there is a dispute between the petitioner and the 3rd respondent in respect of the property in Survey No. 3/3 and brick-kiln industry and thereby, the 3rd respondent harassing the petitioner and threatened with dire consequences. Therefore, the petitioner lodged a complaint against the 3rd respondent, but no action was taken and he also sent a representation dated 25.03.2025 for police protection and the same has also not been considered. Hence this petition.

3. The learned Additional Public Prosecutor (Criminal Side) appearing for the respondents no.1 and 2 would submit that they received the complaint from the petitioner and there is a dispute between the petitioner and the adjacent land owner in respects of conducting brick-kiln industry and the 3rd respondent also lodged a complaint against the petitioner. The 2nd respondent has requested the revenue officials to Page No. 2 of 5

conduct a peace committee meeting and therefore, the representation of the petitioner is under consideration.

4. Considering the prayer sought for in this petition, this Court without even issuing notice to the 3rd respondent inclined to pass orders in this petition.

5. According to the petitioner, he sent a representation for police protection before the 2nd respondent, but the same has not been considered. The 2nd respondent has also admitted the receipt of representation of the petitioner and similarly, the 3rd respondent also lodged a complaint against the petitioner and the same is under enquiry with the 2nd respondent. Therefore, it is for the 2nd respondent to conduct enquiry and take appropriate action in accordance with law.

6. At this junction, the learned counsel for the petitioner has also brought to the knowledge of this Court that the belongings of the petitioner are kept in the brick-kiln industry and the 3rd respondent is causing obstructions to take the belongings. Therefore, the 2nd respondent may be directed to consider to take the belongings of the petitioner from Page No. 3 of 5

brick-kiln industry.

7. Since the enquiry is pending with the 2nd respondent, the 2nd respondent is directed to consider the representation of the petitioner dated 25.03.2025 including the representation for taking the belongings of the petitioner from the brick-kiln industry. In view the same, recording the above said submission of the 2nd respondent, this Court directs the 2nd respondent to conduct enquiry and take appropriate action in accordance with law after affording an opportunity to both the parties within a period of fifteen days [15] from the date of this order.

6. With the above said observation and direction, this Criminal Original Petition is disposed of.

08.04.2025 NCC : Yes/No Index : Yes / No Internet : Yes / No Mac Page No. 4 of 5

P.DHANABAL, J.

Mac To 1.The Superintendent of Police, Thanjavur District.

2. The Inspector of Police, Natchiyaarkovil Police Station, Thanjavur District.

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

CRL. OP(MD) No.6514 of 2025 08.04.2025 Page No. 5 of 5