C.Vijayarani v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :25.06.2025 CORAM :

THE HON'BLE MR.JUSTICE B.PUGALENDHI C.Vijayarani ... Petitioner Vs.

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

2.The Inspector of Police, Thenkarai Police Station, Periyakularm Taluk, Theni District.

3.A.Senthil Kumar 4.Muthu Kamatchi

...Respondents

Prayer : Criminal Original Petition filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, to direct the respondents 1 and 2 to give police protection to the life and limb of the petitioner as per the complaint of the petitioner dated 27.05.2025. For Petitioner : Mr.S.Arockiasamy For Respondent : Mr.P.Kottaichamy Government Advocate (Crl. Side) 1/5

ORDER

The petitioner has approached this Court with a grievance that the respondent No.4 Ward Councillor and her husband respondent No.3 are preventing her from constructing a building in her property and therefore, she seeks for police protection.

2.The learned Counsel for the petitioner submits that the petitioner is a public spirited person and she is intending to construct a building for the welfare of the Schedule Caste and Scheduled Tribe students. It is opposed by the respondents 3 and 4. Since respondent No.4 being Councillor and respondent 3 being her husband, the respondent police are not taking action on her complaint.

3.The learned Government Advocate (Crl Side) appearing for the respondent Police submits that the respondents 3 and 4 claim that they are having two cents of property, wherein the petitioner is attempting to construct a building and therefore, they have raised objections. He further submits that since the issue is purely civil in nature, they are not interfering with the issue and they have advised the petitioner to conduct survey, fix the boundaries and therafter to proceed with the construction 2/5

4.This Court considered the rival submissions made. 5.Considering the nature of relief and the order to be passed in this petition, notice to the respondents 3 and 4 is dispensed with. 6.The petitioner is directed to make an application for conducting survey of the property, where he proposes to construct the building along with a copy of this order. The revenue official shall conduct survey in the presence of the petitioner, respondents 3 and 4 and the respondent police and fix the boundaries. Based on the survey report, the petitioner shall proceed with the construction. In the event if anybody is taking law into their hands, the respondent police shall take action against them by registering a case.

7.This criminal original petition is disposed of in the above terms. 25.06.2025 DSK 3/5

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

2.The Inspector of Police, Kaliyakkavilai Police Station, Kanyakumari District.

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

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B.PUGALENDHI,J DSK 25.06.2025 5/5