M.Karuthapandiyan v. State Of Tamilnadu, Rep By The Superintendent Of Police,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 19.12.2025

CORAM:

THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI 1.M.Karuthapandiyan 2.C.Punamalai ... Petitioners Vs.

1. The Superintendent of Police, Virudhunagar District, Virudhunagar.

2. The Inspector of Police, North Police Station, Rajapalayam Town, Virudhunagar District.

3. Balu ... Respondents PRAYER : Petition filed under Section 528 of BNSS, 2023 to direct the respondents 1 and 2 herein to provide adequate police protection to their life and limb of the petitioners.

For Petitioners : Mr.M.Thirunavukkarasu For Respondents : Mr.B.Thanga Aravindh (R1 & R2) Government Advocate (Crl.Side) 1/4

ORDER

This criminal original petition has been filed seeking a direction to the respondents 1 and 2 herein to provide adequate police protection to their life and limb of the petitioners.

2. The learned counsel appearing for the petitioner submitted that the petitioner belongs to Saamiyadi Vahayara of Kallavandan temple situated at Rajapalayam ('temple'). There is another set of family in the name of Poojari Vahayara, who are conducting poojas in the temple from time to time by hereditary right. These two families are the administrators of the temple from time to time. In the interregnum, another 87 families claimed to be the hereditary trustees of the said temple and filed a suit in OS No.298 of 1996 before the District Munsif Court, Srivilliputtur. The said suit was dismissed, granting relief to the 87 families solely facilitating them and confering upon them the right of worship alone. At present, the petitioners are attempting to construct a compound wall for the said temple, and the third respondent and his associates are allegedly obstructing the same. Therefore, it is necessary that the second respondent police be directed to protect the petitioners and facilitate the completion of the construction of the compound wall. 2/4

3. The learned Government Advocate appearing for the respondent police submitted that the petitioners have already obtained a decree in their favor, and if any of the parties seek further relief, they may be directed to approach the appropriate civil court.

4. Considering that the petitioners have obtained a decree in their favor, and that the third respondent's rights have already been restricted to the right of worship by the learned District Munsif Court, Srivilliputtur, the second respondent police is directed to protect the petitioners in carrying out the construction of the compound wall, until its completion. The petitioners shall also be liable to pay the necessary charges for availing police protection, and the respondent police is directed to provide the required protection upon receipt of such payment. Accordingly, this Criminal Original Petition stands disposed of.

19.12.2025 NCC : Yes / No Index : Yes / No Sm 3/4

L.VICTORIA GOWRI, J.

Sm TO:-

1. The Superintendent of Police, Virudhunagar District, Virudhunagar.

2. The Inspector of Police, North Police Station, Rajapalayam Town, Virudhunagar District.

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

Order made in Dated 19.12.2025 4/4