Madras High CourtCRL OP(MD)/7457/2025disposed of

Kirubhananthasarathi v. The State Of Tamilnadu

2025-04-24Honourable Mr. Justice P.Dhanabal5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 24.04.2025

CORAM:

THE HONOURABLE MR.JUSTICE P.DHANABAL CRL. O.P(MD) No.7457 of 2025 N.Kirubhanandha Sarathi ... Petitioner Vs

1. The Superintendent of Police Ramanathapuram District.

2. The State rep. by The Inspector of Police, Chathrakudi Police Station, Ramanathapuram ... Respondents PRAYER: Criminal Original Petition filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 to direct the second respondent to give necessary police protection to the life and limb of the petitioner and his relatives.

For petitioner :Mr.K.Neethimohan For R1 & R2 : Mr.M.Sakthi Kumar, Government Advocate (Crl.Side) ***** Page No. 1 of 5

O R D E R

This petition is filed by the petitioner to direct the second respondent to give police protection to the life and limb of the petitioner and his relatives.

2. The learned counsel for the petitioner would submit that the petitioner is the owner of the properties in S.F.No.447/15 and 447/6 and in order to create water channel, the Panchayat President started to dig the petitioner's patta land. Thereby, he sent a representation to identify his patta land. Thereafter, the petitioner filed a Writ Petition in W.P.(MD)No. 11569 of 2024 before this Court and on 04.06.2024, an order was passed by this Court to direct the Revenue people to measure the petitioner's property. At the time of survey, they found that one Sathish, resident of Veeravanur Village, encroached the petitioner's land. Therefore, he sent a representation to the second respondent to remove the encroachment and to give police protection on 07.12.2024, but no action was taken. Again, he sent a representation dated 20.01.2025, but no action was taken. Hence, he filed this petition.

3. The learned Government Advocate (Crl.Side) for the respondents Page No. 2 of 5

would submit that based on the complaint lodged by the petitioner, they called the said Sathish Kumar and conducted enquiry. During the enquiry, the said Sathish Kumar himself agreed to remove the temporary shed. Therefore, recording the same, this petition was closed on 26.03.2025. Therefore, nothing survives for further adjudication in this case.

4. Considering the prayer sought for in this case and already the encroacher agreed to remove the encroachments, namely, temporary shed put up by him, it is for the petitioner to take appropriate steps to remove the temporary shed of the said Sathish Kumar. If any obstructions made by the said Sathish Kumar, the petitioner can approach the second respondent by way of specific complaint.

5. With the abovesaid observations and directions, this Criminal Original Petition is disposed of.

24.04.2025 NCC : Yes/No Index : Yes / No Internet : Yes / No apd Page No. 3 of 5

1. The Superintendent of Police Ramanathapuram District.

2. The Inspector of Police, Chathrakudi Police Station, Ramanathapuram 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

Page No. 4 of 5

P.DHANABAL,J apd Crl.OP(MD) No.7457 of 2025 24.04.2025 Page No. 5 of 5