G.Kanagaraj v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.01.2025

CORAM

THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR G.Kanagaraj : Petitioner Vs.

1.State of Tamil Nadu rep., by The Inspector of Police, Kattupudur Police Station, Kattupudur, Trichy District.

2.Karupannan @ Sekar 3.The Block Development Officer, Thottiyam Taluk, Trichy District.

: Respondents PRAYER : Criminal Original Petition filed under Section 528 of BNSS, to issue direction to the first respondent to provide adequate police protection to the life and limb of the petitioner and his family members. For Petitioner : Mr.V.Panneer Selvam 1/5

For R1 : Mr.A.Thiruvadikumar Additional Public Prosecutor For R3 : Mr.N.Muthumanikkam Government Advocate (civil)

ORDER

This Court on 03.01.2025 had passed the following order: "The petitioner owns a property in Survey No.245/29 and he has constructed a house in the entire property and hence, there are no space for carrying out construction work. Hence, he carried out his construction work in the public road. The same was objected by the second respondent, who is residing next to the petitioner's house, stating that his passage is obstructed. The petitioner had given his explanation that it is a temporary arrangement for the construction work and it will be cleared soon. Despite the same, the second respondent continued to make his objection for carrying out the work in the road. Thereafter, the petitioner made representation to the Tahsildar seeking permission and police protection for carrying out his construction work in the public road.

Based on the same, the Block Development Officer had visited the place and considering the nature of work and finding reasons in the petitioner's request had forwarded the request to the Sub Inspector of Police to give protection to the petitioner for carrying out his work.

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2.Mr.A.Thiruvadi Kumar, learned Additional Public Prosecutor, who takes notice for the respondent Police submits that the request of the Block Development Officer has been received and he submits that the Block Development Officer will be appropriate to report about the physical features of the property in question.

3.In view of the above, the Block Development Officer, Thottiyam Taluk, Trichy District is suo motu impleaded as third respondent in this petition.

4.The third respondent is directed to file his objection, if any.

5.List this matter on 21.01.2025 "

2. Pursuant to the same,, it is reported that the wall needs plastering and there was obstruction from one Karupannan @ Sekar and his wife Santhi. It is also reported that it is the Government porampoke pathway. In view of the same, the said persons cannot have any objection for plastering. It is going to be short period and it is not going to be permanent objection. In view of the same, the Deputy Superintendent of Police, Musiri, to ensure that appropriate strength of police for the petitioner to complete his plastering work without any objection from the aforesaid persons or any other persons with unreasonableness. 3/5

3. With the above direction, this Criminal Original Petition is disposed of.

21.01.2025 NCC : Yes/No Index : Yes / No Rmk To 1.The Inspector of Police, Kattupudur Police Station, Kattupudur, Trichy District.

2.The Block Development Officer, Thottiyam Taluk, Trichy District.

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

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M.NIRMAL KUMAR,J.

Rmk 21.01.2025 5/5