P.Thavasi v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 16.06.2025 CORAM :

THE HON`BLE MR.JUSTICE B.PUGALENDHI P.Thavasi ... Petitioner Vs.

The State of Tamil Nadu represented by 1.The Superintendent of Police, Dindigul District, Dindigul.

2.The Deputy Superintendent of Police, Kodaikanal, Dindigul District.

3.The Inspector of Police, Kodaikanal Police Station, Kodaikanal.

4.R.Selvamani ... Respondents Prayer : Criminal Original Petition filed under Section 528 BNSS, to direct the third respondent not to interfere with the civil dispute. For Petitioner : Mr.R.Aravindraj For R1 to R3 : Mr.P.Kottai Chamy Government Advocate(Crl.side) For R4 : Mr.R.Anand 1/5

ORDER

This petition has been filed seeking a direction to the third respondent not to harass the petitioner.

2.The case of the petitioner is that he has purchased the property from the fourth respondent based on an oral agreement, which is adjacent to his land and he has also paid some amount through G-pay. The fourth respondent has handed over the possession of the land and the petitioner has cultivated the land and raised potato crops. While so, the fourth respondent has destroyed the same and therefore, he has lodged a complaint. The respondent police, instead of taking action as against the fourth respondent, is harassing the petitioner. The petitioner has also filed an application before the learned District Munsif, Kodaikanal, seeking a relief of injunction as against the fourth respondent from evicting him from the subject land without following due process of law and the same is pending in O.S.No.78 of 2024 before the learned District Munsif, Kodaikanal.

3.The learned Governement Advocate (Crl. Side) takes notice on behalf of the respondents 1 to 3 and submits that the petitioner, has lodged the complaint through post that the fourth respondent has destroyed his potato crops cultivated by him in his land and therefore, they called him for an enquiry.

2/5

4.This Court considered the rival submissions made. 5.Admittedly, the land belongs to the fourth respondent. The petitioner claims that he has purchased the land and he has also filed a civil suit and the same is pending in O.S.No.78 of 2024 before the learned District Munsif, Kodaikanal. Therefore, he has to work out his remedy only before the Civil Court.

6.Accordingly, this criminal original petition is closed. The petitioner is at liberty to work out his remedy before the civil Court in the manner known to law.

16.06.2025 NCC : Yes/No Index : Yes/No Internet:Yes vsg 3/5

To 1.The learned District Munsif, Kodaikanal.

2.The Superintendent of Police, Dindigul District, Dindigul.

3.The Deputy Superintendent of Police, Kodaikanal, Dindigul District.

4.The Inspector of Police, Kodaikanal Police Station, Kodaikanal.

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

4/5

B.PUGALENDHI,J vsg 16.06.2025 5/5