Madras High CourtCRL OP(MD)/15209/2025disposed of

Dharmalingam v. The Superintendent Of Police

2025-09-15Honourable Mr Justice Sunder Mohan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 15.09.2025

CORAM

THE HONOURABLE MR.JUSTICE SUNDER MOHAN Crl.O.P.(MD) No.15209 of 2025 Dharmalingam ... Petitioner Vs.

1. The State of Tamil Nadu, Represented by the Superintendent of Police, Office of the Superintendent of Police, Ramanathapuram District.

2. The Inspector of Police, Thiruppalaikudi Police Station, Ramanthapuram District.

3. Mani

4. Chandran ...Respondents Prayer: Criminal Original Petition is filed under Section 528 of BNSS, 2023, to direct the 1st and 2nd respondents to give an adequate police protection for the life and limb of the petitioner basis of his representation dated 25.08.2025. For Petitioner : Mr.K.Yasar Arafath For R1 &R2 : Mr.R.M.Anbunithi Additional Public Prosecutor 1/4

ORDER

The petitioner seeks a direction to the respondent Nos.1 and 2 to give an adequate Police protection for the life and limb of the petitioner based on his representation, dated 25.08.2025.

2. The gist of the representation made by the petitioner is that when the petitioner attempted to fence his property in Survey No.312/1 situated at Seenangudi Village, the respondent Nos.3 and 4 prevented him to do so; and hence Police protection is required.

3. The learned Additional Public Prosecutor, on instructions, would submit that on an earlier complaint given by the petitioner, CSR was registered as CSR.No.345 of 2025, dated 24.06.2025; that in the said enquiry, both the parties, namely the petitioner and the respondent Nos.3 and 4 had given an undertaking before the respondent No.2 that they would resolve their dispute before the appropriate forum and till the survey is done by the Surveyor, they would maintain status quo; and that on 07.08.2025, when the petitioner gave another complaint, the respondent Nos.3 and 4, during the enquiry replied that they had filed a suit in O.S.No.176 of 2025 and the same is pending before the Sub Court, Ramanathapuram, claiming that they are in the possession of the 2/4

land in Survey No.312/1.

4. This Court is of the view that the respondent Nos.1 and 2, therefore cannot adjudicate the property dispute between petitioner and respondent Nos.3 and 4. Hence, the direction as prayed for cannot be issued. It is for the petitioner to seek appropriate remedy befroe the civil Court.

5. With the above observation, this Criminal Original Petition is disposed of.

15.09.2025 NCC : Yes / No Index : Yes / No Internet : Yes/ No Indu 3/4

SUNDER MOHAN, J.

Indu To

1. The Superintendent of Police, Office of the Superintendent of Police, Ramanathapuram District.

2. The Inspector of Police, Thiruppalaikudi Police Station, Ramanthapuram District.

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

Crl.O.P(MD).No.15209 of 2025 15.09.2025 4/4