C.Muthammal v. The State Of Tamilnadu, Rep. By The Superintendent Of Police,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 06.01.2026

CORAM:

THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI 1.C.Muthammal 2.C.Saravanan ... Petitioners Vs.

1.The Superintendent of Police, Office of the Superintendent of Police, Theni District.

2.The Deputy Superintendent of Police, Periyakulam, Theni District.

3.The Inspector of Police, Thenkarai Police Station, Theni District.

4.The Executive Officer, Vadugapatti Selection Grade Town Panchayat, Vadugapatti, Periyakulam Taluk, Theni District.

5.Muthukrishnan 6.Natesan ... Respondents PRAYER : Petition filed under Section 528 of BNSS, 2023 to direct the respondents herein not to harass the petitioners herein in the guise of enquiry with regard to their house site and in the name of calling their caste name. 1/5

For Petitioners : Mr.Y.Sasikumar For R1 to R4 : Mr.M.Sakthikumar Government Advocate (Crl.)

ORDER

Seeking to direct the respondents not to harass the petitioners in the guise of enquiry with regard to their house site and calling them in their caste name, this criminal original petition is filed.

2.The learned counsel for the petitioners submitted that the first petitioner' husband was assigned with house site Patta No.3397 in the year 1990, with respect to the survey No.627 /34 at Thamaraikulam Bit-I, Periakulam Taluk, Theni District. However, the respondents are harassing them by repeatedly calling the petitioners to attend enquiry and sought for the indulgence of this Court.

3.Per contra, the learned Government Advocate(crl.), on instructions, submitted that the question of harassment will not arise in the facts and circumstances of this case. The petitioners are obstructing the construction of a water tank at Ward No.13, Valluvar Street, in a land ,which was earlier gifted as 2/5

early as in 1995 by the grandfather of the first petitioners' husband. Since the said water tank has dilapidated, the respondents 4 to 6 have taken necessary steps to re-construct the same. However, the petitioners are continuously interrupting the said work and hence, they were called for enquiry. 4.Heard the learned counsel on either side and carefully perused the materials available on record.

5.A careful perusal of the record, it is understood that the water tank, which existed since 1995, is in a dilapidated condition and it is only for the reconstruction, the respondents 4 to 6 have taken steps and the petitioners, if at all have any grievance with respect to the same, shall seek a remedy before the appropriate civil court.

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

06.01.2026 NCC : Yes / No Index : Yes / No Rmk 3/5

TO:- 1.The Superintendent of Police, Office of the Superintendent of Police, Theni District.

2.The Deputy Superintendent of Police, Periyakulam, Theni District.

3.The Inspector of Police, Thenkarai Police Station, Theni District.

4.The Executive Officer, Vadugapatti Selection Grade Town Panchayat, Vadugapatti, Periyakulam Taluk, Theni District.

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

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L.VICTORIA GOWRI, J.

Rmk Order made in Dated 06.01.2026 5/5