T.Vajila v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 25.04.2025

CORAM:

THE HONOURABLE MR.JUSTICE P.DHANABAL CRL.O.P(MD) No.7653 of 2025 T.Vajila ... Petitioner Vs

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

2. The Deputy Superintendent of Police, Thuckalay, Kanyakumari District,

3. The Inspector of Police, Thiruvattar Police Station, Thiruvattar, Kanyakumari District.

4. Kumaradhas ... Respondents PRAYER: Criminal Original Petition filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, to direct the 1st respondent to the 3rd respondent to provide adequate police protection to the petitioner and along with her family members to life and limb at the hands of the 4th respondent of the basis of the petitioner's representation Page No. 1 of 5

dated 17.04.2025.

For petitioner : Mr.T.Wins For R1 to R3 : Mr. M.Sakthi Kumar Government Advocate (Crl side) For R4 : Mr.M.R.Sreenivasan

O R D E R

This petition has been filed by the petitioner to direct the respondents no.1 to 3 to provide adequate police protection to the petitioner and along with her family members to the life and limb at the hands of the 4th respondent of the basis of the petitioner's representation dated 17.04.2025.

2. According to the petitioner, she received life threat from the 4th respondent by blocking the common pathway and thereby, she sent a representation to the respondents no.1 and 3 on 17.04.2025 and the same has not been considered. Therefore, she has filed this petition.

3. The learned Government Advocate (Criminal Side) appearing for the respondents no.1 to 3 would submit that already the 4th respondent has Page No. 2 of 5

approached this Court and obtained order for police protection. Now the 4th respondent is making construction in that property. At this stage, the petitioner has filed this petition for police protection and the same is pending for enquiry. They will conduct enquiry and take appropriate action in accordance with law.

4. Mr.M.R.Sreenivasan, learned counsel take notice for the 4th respondent and he would would submit that the said disputed property is exclusively belong to the 4th respondent and thereby, he already filed a suit. As per the decree passed by the learned Sub Judge, Padmanabhapuram in A.S.No.17 of 2009, he is the owner of the property and he has also obtained police protection from this Court. Now the petitioner unnecessarily filed this petition. Therefore, this petition is liable to be dismissed.

5. Considering the prayer sought for in the petition and the representation of the petitioner is also pending with the 3rd respondent, it is for 3rd 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 from the date of this order. Page No. 3 of 5

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

25.04.2025 NCC : Yes/No Index : Yes / No Internet : Yes / No Mac To

1. The Superintendent of Police, Kanyakumari District, Nagercoil.

2. The Deputy Superintendent of Police, Thuckalay, Kanyakumari District,

3. The Inspector of Police, Thiruvattar Police Station, Thiruvattar, Kanyakumari District.

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

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P.DHANABAL, J.

Mac CRL.O.P(MD) No.7653 of 2025 25.04.2025 Page No. 5 of 5