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Madras High CourtCRL OP(MD)/23554/2025dismissed

S.Ganeshkumar v. The State Of Tamilnadu Rep.By

2025-12-19Honourable Mrs Justice L.Victoria Gowri5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 19.12.2025

CORAM:

THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI S.Ganeshkumar ... Petitioner Vs.

1.The State of Tamil Nadu Rep. by its, The Superintendent of Police, Tenkasi District, Tenkasi.

2.The Deputy Superintendent of Police, Alakulam Taluk, Tenkasi District.

3.The Inspector of Police, Uthumalai Police Station, Tenkasi District.

... Respondents PRAYER : Petition filed under Section 528 of BNSS, 2023, to direct the respondent Police not to harass or not to interfere with the civil dispute. For Petitioner : Mr.S.Kasirajan For Respondent : Mr.S.Ravi, Additional Public Prosecutor

ORDER

Seeking a direction to the respondent Police not to harass or not to interfere with the civil dispute.

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2.The learned counsel appearing for the petitioner submitted that the petitioner is a Dharmakartha at Madasamy Temple, at Kavalakurichi Village. The property in question comprised Patta Nos.4650, 18, 3471, 3472, 3473, 4112, 1311, 3, 3574, 3575 and 3573 is situated at Kavalakurichi Village, Alankulam Taluk, Tenkasi Distric. The said land originally belonged to Velladurai and others. The petitioner along with the temple administrators purchased the said property in the name of Madasamy temple through registered sale deed dated 04.01.2017 as Doc.Nos.39 of 2017, 866 fo 2017, 2540 of 2017, 538 of 2020 and 838 of 2023 along with ten other sale deeds, registered at Sub Registrar Office, Uthumalai. The vast extent of the property purchased is being continuously enjoyed and possessed uninterruptedly by the petitioner. He further submitted that when he attempted to put up a boundary to build a compound wall, the third respondent police interfered and prevented the lawful construction.

3.The learned Additional Public Prosecutor submitted that already a complaint has been lodged in this regard with respect to construction of bathroom near the said temple. Based on which, enquiry has been conducted and the same was closed directing the respective parties to approach the 2/5

competent civil Court. However, the petitioner is now interfering, under the guise of being the landlord, with the vacant land belonging to Madasamy Temple. He has not produced any document to show in what manner he is entitled to enjoy or deal with the said property on behalf of the temple. Hence, he prayed for dismissal of the petition.

4.A careful perusal of the materials produced before this Court would clearly reveal that the land belongs to the temple. Nevertheless, the petitioner has failed to substantiate in what manner he is entitled to enjoy the same, and he has not even produced any resolution passed by the administrators of the temple committee authorising him to do so.

5.With the above observations, this Criminal Original Petition stands dismissed.

19.12.2025 NCC : Yes / No Index : Yes / No Internet : Yes/No vsg 3/5

TO:- 1.The Superintendent of Police, Tenkasi District, Tenkasi.

2.The Deputy Superintendent of Police, Alakulam Taluk, Tenkasi District.

3.The Inspector of Police, Uthumalai Police Station, Tenkasi District.

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

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L.VICTORIA GOWRI, J.

vsg Order made in Dated 19.12.2025 5/5