Selvaraj v. The State Of Tamilnadu, Rep. By Its The Superintendent Of Police, Dindigul District,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 16.12.2025

CORAM

THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI Crl.O.P.(MD).No.23078 of 2025 Selvaraj ... Petitioner Vs.

1.The State of Tamilnadu rep. by its, The Superintendent of Police, Dindigul District, Velunachiyar Complex, Dindigul.

2.The Inspector of Police, Kallimanthayam Police Station, Kallimanthayam, Dindigul District.

... Respondents Prayer : Criminal Original Petition is filed under Section 528 of BNSS, 2023, to direct the respondents to provide police protection to the petitioner as well as his workmen while at the time of carrying out the fencing work in respect of the petitioner's property by taking appropriate action on the petitioner's complaint dated 26.11.2025. 1/6

For Petitioners : Mr.A.Saravanan For Respondents : Mr.M.Sakthi Kumar, Government Advocate (Crl. Side)

ORDER

Seeking to direct the respondents to provide police protection to the petitioner as well as his workmen while at the time of carrying out the fencing work in respect of the petitioner's property by taking appropriate action on the petitioner's complaint dated 26.11.2025, this petition is filed.

2.The learned counsel appearing for the petitioner submitted that the petitioner is the absolute owner in title and possession of agricultural lands comprised in S.Nos.325/2A, 330/1A and 330/1B situated at Koothampoondi Village, Oddanchathiram Taluk, Dindigul District. He further submitted that the Revenue authorities have already surveyed the land and identified its boundaries. While the petitioner made arrangements to fence the land, certain persons are causing 2/6

hindrance to the same and hence, he sought the indulgence of this Court.

3.The learned Government Advocate (Crl. Side) M.Sakthi Kumar, fairly submitted that unless and until the petitioner identifies the persons who actually caused the disturbance while he was putting up the fence, the police cannot provide any protection. Further, it is necessary to ascertain whether the petitioner is erecting the boundary in his own patta land.

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

5.In view of the above, a proper inquiry is necessary before affording any police protection as sought by the petitioner. In this regard, the petitioner is directed to file a fresh complaint stating the names of the persons, who are causing disturbance while he is attempting to put up the boundary. The respondent police are directed to 3/6

give an opportunity of hearing to all the parties concerned. If, on enquiry, the respondent police find that the matter is a genuine dispute pertaining to the boundary and that the petitioner is attempting to erect the boundary in a third-party land, they may advise the parties to seek appropriate remedy before the competent forum. If the petitioner has proper documents to substantiate his title, in the case police protection is directed to be given at the expense of the petitioner. 6.With the above directions, this Criminal Original Petition is disposed of.

16.12.2025 NCC : Yes / No Index : Yes / No Internet : Yes/ No vsg 4/6

To 1.The Superintendent of Police, Dindigul District, Velunachiyar Complex, Dindigul.

2.The Inspector of Police, Kallimanthayam Police Station, Kallimanthayam, Dindigul District.

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

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L.VICTORIA GOWRI, J.

vsg CRL OP(MD)No.23078 of 2025 16.12.2025 6/6