Madras High Court
Nambi Rayer vs The Sub Inspector Of Police on 9 April, 2025
CRL.OP(MD) No.6586 of 2025
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 09.04.2025
CORAM:
THE HONOURABLE MR.JUSTICE P.DHANABAL
CRL. OP(MD) No.6586 of 2025
Nambi Rayer ... Petitioner
Vs
1. The Sub Inspector of Police,
Moolaikaraipettai Police Station,
Tirunelveli.
2. Madasamy
3. Rajkumar
4. Muthukumar ... Respondents
PRAYER: Criminal Original Petition filed under Section 528 of
Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, to direct the 1st
respondent police to grant police protection to the petitioner and his
family members life and limb and to fence the property bearing Survey
No.693/1A, situated at Paruthipadu Village, Nanguneri Taluk, Tirunelveli
bases on the complaint dated 08.03.2025.
For Petitioner : Mr.K.Vinoharan
For R1 : Mr.M.Vaikkam Karunanithi
Government Advocate (Crl. Side)
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CRL.OP(MD) No.6586 of 2025
ORDER
This petition has been filed by the petitioner to direct the 1st
respondent police to grant police protection to the petitioner and his
family members life and limb to fence the property bearing Survey No.
693/1A, situated at Paruthipadu Village, Nanguneri Taluk, Tirunelveli
bases on the complaint dated 08.03.2025.
2. According to the petitioner, he is the owner of the property in
Survey No.693/1A, situated at Paruthipadu Village, Nanguneri Taluk.
While so, a suit in O.S.No.155 of 2019 was filed before the District
Munsif Court, Nanguneri and the same was dismissed. Subsequently, an
appeal in A.S.No.15 of 2023 was preferred before the Sub Court,
Nanguneri and the same was allowed by judgment dated 12.02.2025.
Thereafter, the petitioner sent a representation to the first respondent
police on 08.03.2025 for fencing the property and the same was not
considered. Hence this petition.
3. The learned Additional Public Prosecutor (Criminal Side)
appearing for the 1st respondent police would submit that based on the
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complaint lodged by the petitioner, they conducted an enquiry and closed
on 25.03.2025. Therefore, nothing survives for further adjudication in
this case.
4. Considering the prayer sought for in the petition, this Court even
without issuing notice to the respondents no.2 to 4 inclined to pass orders
in this petition.
5. According to the petitioner, he is owner of the property in Survey
No.693/1A and he obtained decree through an order dated 12.02.2025
passed in A.S.No.15 of 2023 on the file of the Sub Court, Nanguneri and
now the petitioner want to put up fence over the property, but the private
respondents No.2 to 4 restrained the petitioner. Therefore, he sought for
police protection, but the same has not been considered. According to the
1st respondent, the representation of the petitioner was already considered
and the same was closed. Since the petitioner has decree in his favour by
the judgment dated 12.02.2025 and no appeal time is over for preferring
second appeal, the petitioner can approach the 1st respondent after lapse of
appeal time. If any petition filed by the petitioner, the 1st respondent can
consider the same and take appropriate decision in accordance with law
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after giving an opportunity to both the parties.
6. With the above said observations, this Criminal Original Petition
is disposed of.
09.04.2025
NCC : Yes/No
Index : Yes / No
Internet : Yes / No
Mac
To
1. The Sub Inspector of Police,
Moolaikaraipettai Police Station,
Tirunelveli.
2. The Additional Public Prosecutor,
Madurai Bench of Madras High Court, Madurai.
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P.DHANABAL, J.
Mac
09.04.2025
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