Muthukrishnan v. The State Of Tamilnadu Rep.By,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :10.12.2025

CORAM

THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI Crl.O.P.(MD).No.22661 of 2025 K.Muthukrishnan ... Petitioner Vs.

1.The State of Tamil Nadu rep., by the Superintendent of Police, District Police Office, TVS Tollgate, Trichy-20, Trichy District.

2.The State of Tamil Nadu rep., by the Inspector of Police, Navalpattu Police Station, Navalpattu, Trichy-26, Trichy District.

3.Murugesan ... Respondents Prayer : Criminal Original Petition is filed under Section 528 of BNSS, 2023, to direct the second respondent herein to provide necessary police protection to the petitioner in the light of the petitioner's representation dated 03.11.2025.

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For Petitioner : Mr.R.Sundar For R-1 & R-2 : Mr.M.Sakthi Kumar, Government Advocate (Crl. side)

ORDER

Seeking direction to the second respondent to provide necessary police protection to the petitioner in the light of his representation dated 03.11.2025, this original petition has been filed.

2. The learned counsel for the petitioner submitted that the property in S.F.No.389/11 of Sooriyur Village, Thiruverumbur Taluk, Trichy District, belonged to the petitioner's aunt, Nagalakshmi @ Nagammal. On 14.10.1998, the petitioner had entered into a sale agreement with his aunt, on which date, the possession of the said property was handed over to the petitioner. Subsequently, the said Nagalakshmi failed to execute the sale deed in favour of the petitioner and hence, the petitioner had filed a suit in O.S.No.334 of 2021 on the file of the I Additional District Munsif, Trichy, seeking for specific performance over the said property and the same came to be dismissed on 30.08.2022, against which, first appeal in A.S.No.58 of 2022 was 2/6

filed by the petitioner before the learned Subordinate Judge V, Trichy, which was also dismissed on 23.07.2025. Though both the trial Court and the first appellate Court had negatived the petitioner's claim for specific performance, his posession was confirmed by both the lower Courts. Pursuant to the same, second appeal in S.A(MD).No.430 of 2025 was filed before this Court and this Court in C.M.P(MD).No. 15144 of 2025 had passed an order of injunction on 24.09.2025 restraining the petitioner's aunt and her men from interfering with the peaceful possession and enjoyment of the subject property. Despite the same, the third respondent has been continuously indulging in disturbing with the petitioner's peaceful possession of the subject property. In this regard, the petitioner has given a complaint before the second respondent police on 09.

10.2025, for which, the second respondent police has issued a receipt in CSR.No.569 of 2025. However, proper enquiry has not been conducted.

seeking protection to undertake cultivation in the said land. However, till date no steps has been taken on his representation. Hence, this criminal original petition has been filed.

3. The learned Government Advocate (crl.side) appearing for the respondent State, on instructions, would submit that based on the representation given by the petitioner, the respondent police issued summon to both parties and they have appeared for enquiry. The third respondent has given an undertaking that he will take steps to vacate the injunction order, based upon the same, the complaint was closed. It is further stated that if any injunction order is violated, the remedy available to the petitioner is by way of initiating contempt proceedings.

4. The learned counsel for the petitioner further submit that the petitioner has given a representation on 03.11.2025 and the same is pending before the second respondent.

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5. Considering the fact that the land in question is an agricultural land and also considering the submission of the learned counsel for the petitioner, the second respondent is directed to consider the petitioner's representation dated 03.11.2025 and pass order in accordance with law and afford police protection if necessary.

6. With the above direction, this Criminal Original Petition is disposed of.

10.12.2025 NCC : Yes / No Index : Yes / No Internet : Yes/ No Rmk To 1.The Superintendent of Police, District Police Office, TVS Tollgate, Trichy-20, Trichy District.

2.The Inspector of Police, Navalpattu Police Station, Navalpattu, Trichy-26, Trichy District.

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

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L.VICTORIA GOWRI, J.

Rmk CRL OP(MD)No.22661 of 2025 10.12.2025 6/6