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Madras High CourtCRL OP(MD)/17970/2024disposed of

Tamilarasi v. The State Of Tamilnadu Rep. By

2024-10-21Honourable Mr Justice K.Murali Shankar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.10.2024

CORAM

THE HON'BLE MR.JUSTICE K.MURALI SHANKAR Tamilarasi ... Petitioner Vs.

1.State of Tamilnadu rep. by The Superintendent of Police, Tirunelveli District, Tirunelveli.

2.The Inspector of Police, Panakudi Police Station, Tirunelveli District.

3.Dhamodharan ... Respondents PRAYER : Criminal Original Petition filed under Section 528 of BNSS, to direct the respondents 1 and 2 to provide adequate police protection to the life and limbs of the petitioner and his family members. For Petitioner : Mr.P.Mani Anandh For R1 & R2 : Mr.P.Kottai Chamy Government Advocate (Crl. Side) 1/4

ORDER

The Criminal Original Petition has been filed, invoking Section 528 B.N.S.S., seeking orders to direct the respondents 1 and 2 to provide adequate police protection to the life and limbs of the petitioner and his family members.

2. The learned counsel appearing for the petitioner would submit that the petitioner is a lessee under the Thiruvaduthurai Adheenam in respect of the property in dispute, that the third respondent is attempting to make construction encroaching upon the petitioner's property and that therefore the petitioner was constrained to give a petition for police protection for surveying the property.

3. The learned Government Advocate (Criminal Side) appearing for the respondents 1 and 2 would submit that on the basis of the complaint given by the petitioner earlier, CSR No.777 of 2023 came to be registered and the same was closed and that subsequently the petitioner has given a complaint before the first respondent and the same was forwarded to the second respondent and is now pending in current 2/4

paper for enquiry. He would further submit that the petitioner and the third respondent are claiming right over the property in dispute.

4. Considering the above, the second respondent is directed to issue notice to the petitioner as well as to the private respondent and conduct enquiry and take a decision within a period of two weeks from the date of receipt of a copy of this order.

5. With the above direction, this Criminal Original Petition stands disposed of.

21.10.2024 NCC : Yes / No Index : Yes / No Internet : Yes / No csm To 1.The Superintendent of Police, Tirunelveli District, Tirunelveli.

2.The Inspector of Police, Panakudi Police Station, Tirunelveli District.

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

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K.MURALI SHANKAR,J.

csm Order made in Dated: 21.10.2024 4/4