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Madras High CourtCRL OP(MD)/16482/2025disposed of

R.Janagi v. The State Of Tamilnadu Rep. By

2025-12-15Honourable Mrs Justice L.Victoria Gowri6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 15.12.2025

CORAM

THE HONOURABLE MRS. JUSTICE L.VICTORIA GOWRI R.Janagi ... Petitioner Vs.

1. State of Tamilnadu Rep by The Superintendent of Police, Office of the Superintendent of Police, Ramanathapuram District.

2.The Deputy Superintendent of Police, Office of the Deputy Superintendent of Police, Mudukulathur Taluk, Ramanathapuram District.

3.The Inspector of Police, Peraiyur Police Station, Peraiyur, Mudukulathur Taluk, Ramanathapuram District.

4.T.Balakrishnan 5.B.Mugesh 6.T.Karuppiah ... Respondents 1/6

PRAYER :- This Petition is filed under Section 528 BNSS, to direct the first respondent to direct the third respondent to give adequate protection to the life and limb of the petitioner and his family members by considering the petitioner's complaint dated 07.09.2025 within the period stipulated by this Court.

For Petitioner : Mr.S.Atham Ali For Respondents : Mr.B.Thanga Aravindh (for R1 to R3) Government Advocate (Crl.Side) : No appearance for R4 to R6

ORDER

This petition is filed seeking a direction to the first respondent to direct the third respondent to give adequate protection to the life and limb of the petitioner and his family members by considering the petitioner's complaint dated 07.09.2025 2.The claim of the petitioner is that with respect to the subject property in O.S.No.31 of 2015 on the file of the District Munsif Court, Mudukulathur, the suit was decreed in her favour vide judgment dated 28.11.2018 and her title was declared with an order of permanent injunction. Aggrieved by the said judgment, the fourth respondent 2/6

preferred an appeal in A.S.No.9 of 2019 on the file of the Sub Court, Mudukulathur. The appellate Court confirmed the findings of the trial Court and dismissed the appeal vide judgment dated 03.03.2020. Despite the petitioner having filed a caveat petition before this Court, the second appeal has not yet been preferred by the fourth respondent and the decree of the trial Court has attained finality. Meanwhile, the petitioner proceeded to the subject property of the aforesaid suit for clearing the same for agricultural purposes, during which she was waylaid by respondents 4 to 6 and her peaceful possession and enjoyment were disturbed. Thereafter, she lodged a complaint before the third respondent police. However, no proper protection has been granted so far. Hence, this petition.

3.The learned Government Advocate (Crl. Side), Mr.B.Thanga Aravindh, on instructions, submitted that all the parties involved. Particularly, the petitioner and the respondents 4 to 6 have filed their respective complaints, for which, four separate CSR have been issued for the respective parties and after enquiry, the police had advised them to approach appropriate Civil Court and subsequently, closed the same. 3/6

4.Heard the learned counsel on either side and perused the materials available on record.

5.This Court is of the considered opinion that the petitioner is a senior citizen and a widow, who has no one to take care of her. Armed with a favourable decree of the Civil Court, the petitioner is being troubled by respondents 4 to 6, who, without preferring a second appeal, have taken calculated steps against her. This is evident from the enquiry conducted by the respondent police itself.

6.In view of the same, the third respondent Police is directed to afford appropriate protection to the petitioner as and when required. 7.With the above directions, this Criminal Original Petition stands disposed of.

15.12.2025 Index: Yes/ No Internet:Yes/No vsg 4/6

TO

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

2.The Deputy Superintendent of Police, Office of the Deputy Superintendent of Police, Mudukulathur Taluk, Ramanathapuram District.

3.The Inspector of Police, Peraiyur Police Station, Peraiyur, Mudukulathur Taluk, Ramanathapuram District.

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

5/6

L.VICTORIA GOWRI,J., vsg CRL OP(MD) No.16482 of 2025 15.12.2025 6/6