Kavitha v. The Superintendent Of Police, Thanjavur

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 19.12.2025

CORAM:

THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI Kavitha ... Petitioner Vs.

1.The State of Tamil Nadu Rep. by its, The Superintendent of Police, The office of the Superintendent of Police, Thanjavur District.

2.The Inspector of Police, Panthanallur Police Station, Thanjavur District.

3.A.R.Santhanakrishnan 4.S.Radhika Santhanakrishnan 5.Ajith @ Renganathan 6.K.Perumal ... Respondents PRAYER : Petition filed under Section 528 of BNSS, 2023, to direct the respondents 1 and 2 to provide adequate police protection to the petitioner for construction of house in S.No.245/1A7 measuring 0.04 cents of Nanjai land, situated in Revenue Village No.8, Neikuppai Village, Thiruvidaimaruthur Taluk, Thanjavur District on the basis of the representation dated 28.10.2025. 1/6

For Petitioner : Mr.S.Bharathi For Respondents : Mr.B.Thanga Aravindh, (R1 to R3) Government Advocate (Crl. Side)

ORDER

Seeking a direction to the respondents 1 and 2 to provide adequate police protection to the petitioner for construction of house in S.No.245/1A7 measuring 0.04 cents of Nanjai land, situated in Revenue Village No.8, Neikuppai Village, Thiruvidaimaruthur Taluk, Thanjavur District on the basis of the representation dated 28.10.2025, this petition is filed. 2.Considering the limited scope of the relief sought for, notice to the respondents 3 to 6 is dispensed with.

3.The learned counsel appearing for the petitioner submitted that, while the petitioner was constructing her house, the respondents 3 to 6 continuously created hindrance and disturbance to the progress of the construction. In this regard, she lodged a complaint. Since no action has been taken, the present petition has been filed seeking police protection. 2/6

4.The learned Government Advocate (Crl. Side) on instructions, submitted that an enquiry is pending on the complaint given by the petitioner against the respondents 3 to 6 and the same will be concluded within a short period of time.

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

6.Considering the submission made by the learned counsel appearing on either side, this Court directs the second respondent police to look into the matter.

7.To allay the petitioner's apprehension and to ensure fairness while considering the petitioner's representation dated 28.10.2025, the following directions are issued:

(a) If any complaint is received against the petitioners, the respondentpolice shall issue written summons/notice under Section 62 BNSS, 2023, specifying the date, time, and purpose of enquiry. Oral or informal summons are prohibited.

3/6

(b) The enquiry, if undertaken, shall be completed within two weeks from the date of the petitioners' appearance. (c) If the police, upon enquiry, conclude that a cognizable offence is made out and propose to register an FIR, the parties shall be given prior written notice, enabling them to seek legal remedies including anticipatory bail. (d) If the dispute is found to be civil in nature, the representation shall be closed forthwith, without any coercive or intimidatory action. (e) The respondent Police shall refrain from interfering in or attempting to adjudicate private civil rights between the parties.

8. With the above directions, this Criminal Original Petition is disposed of.

19.12.2025 NCC : Yes / No Index : Yes / No vsg 4/6

TO:- 1.The Superintendent of Police, The office of the Superintendent of Police, Thanjavur District.

2.The Inspector of Police, Panthanallur Police Station, Thanjavur District.

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

5/6

L.VICTORIA GOWRI, J.

vsg Order made in Dated 19.12.2025 6/6