P.Pandian Nedunchelian v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 24.04.2025

CORAM:

THE HONOURABLE MR.JUSTICE P.DHANABAL CRL. O.P(MD) No.7477 of 2025 P.PandianNedunchelian ... Petitioner Vs

1. The State of Tamil Nadu, Rep. by the Superintendent of Police, Madurai District.

2. The Inspector of Police, Elumalai Police Station, Usilampatti Madurai District.

3.Alagarsamy 4.Venkatesan ... Respondents PRAYER: Criminal Original Petition filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 to direct the respondents 1 and 2 to provide adequate police protection to the to life and limb of the petitioner and his family members based on the petitioner's representation.

For petitioner : Mr.B.Rajasekar Page No. 1 of 5

For R1 & R2 : Mr.M.Sakthi Kumar, Government Advocate (Crl.Side) *****

O R D E R

This petition is filed by the petitioner to direct the respondents 1 and 2 to provide adequate police protection to the life and limb of the petitioner and his family members based on the petitioner's representation dated 31.03.2025.

2. The learned counsel for the petitioner would submit that the petitioner is the owner of the properties in S.F.Nos.120/13, 120/12, 120/11, 120/9 and 127/2 to an extent of 3.46 acres. While so, the respondents 3 and 4 were frequently interfering with the petitioner's possession and enjoyment. Thereby, already five FIRs have been registered as against the private respondents for their illegal activities. While so, again, they are frequently causing life threat to the petitioner and prevented the petitioner from enjoying the property. Therefore, the petitioner sent a representation dated 31.03.2025 to the respondents 1 to 2, but no action was taken. Therefore, he filed this petition. Page No. 2 of 5

3. The learned Government Advocate (Crl.Side) for the respondents 1 and 2 would submit that there is a property dispute pending between the petitioner and the private respondents and thereby, five FIRs have been registered, based on the complaint lodged by the petitioner and based on the complaint lodged by the private respondents, one FIR was registered against the petitioner and the same was closed and four FIRs are pending for investigation. In the meantime, the petitioner sent a representation for police protection dated 31.03.2025 and the same is under enquiry and they will conduct enquiry and take appropriate action in accordance with law.

4. Considering the prayer sought for in this petition, this Court, without issuing notice to the respondents 3 and 4, is inclined to pass orders.

5. According to the petitioner, the respondents 3 and 4 caused life threat to the petitioner and also causing disturbances in respect of the properties. Therefore, he sent representation for police protection to the respondents 1 and 2, but no action was taken. The second respondent also admitted the receipt of the representation of the petitioner for police protection and the same is under enquiry.

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6. Therefore, recording the abovesaid submission of the learned Government Advocate (Crl.Side), this Court directs the second respondent to consider the petitioner's representation and take appropriate action in accordance with law after affording opportunity to both the parties within a period of 15 days from the date of this order.

7. 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 To

1. The Superintendent of Police, Madurai District.

2. The Inspector of Police, Elumalai Police Station, Usilampatti Madurai District.

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

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P.DHANABAL,J apd Crl.OP(MD) No.7477 of 2025 24.04.2025 Page No. 5 of 5