Madras High Court
Yogeshwaran vs The State Of Tamil Nadu on 17 April, 2025
CRL.OP(MD) No.6903 of 2025
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 17.04.2025
CORAM:
THE HONOURABLE MR.JUSTICE P.DHANABAL
CRL. OP(MD) No.6903 of 2025
Yogeshwaran ... Petitioner
Vs.
1. The State of Tamil Nadu,
Represented by the Superintendent of Police,
O/o.Superintendent of Police,
Surveyor Colony, Moondrumavadi,
Madurai- 625 007.
2. The Deputy Superintendent of Police,
O/o.Deputy Superintendent of Police,
Alanganallur,
Madurai District.
3. The Inspector of Police,
Alanganallur Police Station,
Alanganallur,
Madurai District.
4. Jayapandian
5. M.Raja ... Respondents
PRAYER: Criminal Original Petition filed under Section 528 of
Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, to direct the
respondents 1 to 3 to provide an adequate police protection to petitioner
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CRL.OP(MD) No.6903 of 2025
life and limb and property to put up a compound wall in R.S.No.37/6,
measuring to an extent of 8 ½ Cents exactly 3706 Sq.ft situated at
Melapanagadi Village, Alanganallur Taluk, Madurai District, by virtue of
order of the decree and Judgment in O.S.No.60 of 2012 on the file of the
District Munsif Court, Madurai Taluk dated 12.04.2016 and A.S.No.48 of
2016 on the file the Principal Sub Court, Madurai dated 11.012.2019 and
the Judgement in S.A(MD) No.493 of 2021 by considering the
representation sent by the petitioner dated 25.01.2025.
For Petitioner : Mr. Niranjan S. Kumar
For R1 to R3 : Mr.M.Sakthi Kumar
Government Advocate (Crl. Side)
ORDER
This petition has been filed by the petitioner to direct the
respondents 1 to 3 to provide an adequate police protection to the
petitioner's life and limb and property to put up a compound wall in
R.S.No.37/6, measuring to an extent of 8 ½ cents, exactly 3706 Sq.ft
situated at Melapanagadi Village, Alanganallur Taluk, Madurai District,
based on the order of the decree and Judgment in O.S.No.60 of 2012 dated
12.04.2016 on the file of the District Munsif Court, Madurai and
confirmed in S.A(MD) No.493 of 2021 by considering the representation
sent by the petitioner dated 25.01.2025.
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2. The learned counsel appearing for the petitioner would submit
that the petitioner is the owner of the property in R.S.No.37/6, measuring
to an extent of 8 ½ cents, exactly 3706 Sq.ft situated at Melapanagadi
Village, Alanganallur Taluk, Madurai District and the petitioner's vendor
got civil decree in his favour through a decree and judgment in O.S.No.60
of 2012 on the file of the District Munsif Court, Madurai and the said
decree and judgment was challenged before this Court in S.A.(MD) No.
493 of 2021 and the same was also ended in favour of the vendor of the
petitioner. While so, the private respondents no.4 and 5 frequently
interfering with the petitioner's possession by disturbing the construction
of compound wall. Therefore, the petitioner sent a representation dated
25.01.2025 to the 3rd respondent, but no action was taken. Therefore, he
has filed this petition.
3. The learned Government Advocate (Criminal Side) appearing for
the respondents no.1 to 3 would submit that the petitioner sent a
representation through postal and the same is under consideration and
they will conduct enquiry and take appropriate action in accordance with
law.
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4. Considering the prayer sought for in this petition, this Court even
without issuing notice to the respondents no. 4 and 5 inclined to pass
orders in this petition.
5. According to the petitioner, he is the owner of the property in
R.S.No.37/6, measuring to an extent of 8 ½ Cents exactly 3706 Sq.ft
situated at Melapanagadi Village, Alanganallur Taluk and his predecessor
filed a suit in O.S.No.60 of 2012 on the file of the District Munsif Court,
Madurai and the same was decreed in his favour by an order dated
12.04.2016 and thereafter, the matter went up to the High Court and the
same was also dismissed in S.A.(MD)No.493 of 2021 by confirming the
judgment and decree of the Trial Court. Therefore, the said judgement
attained finality. In spite of that, the respondents no.4 and 5 causing
disturbance from constructing the compound wall in the property. To that
effect, he has also sent a representation before the 3 rd respondent police on
25.01.2025 and the 3rd respondent has also admitted the receipt of the
complaint. However, it is pending for enquiry, therefore, this Court directs
the 3rd respondent to conduct enquiry and take appropriate decision in
accordance with law in the light of the judgment of this Court in
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accordance with law, after affording an opportunity to both the parties
within a period of one month from the date of this order.
6. With the above said observation and direction, this Criminal
Original Petition is disposed of.
17.04.2025
NCC : Yes/No
Index : Yes / No
Internet : Yes / No
Mac
To
1. The Superintendent of Police,
O/o.Superintendent of Police,
Surveyor Colony, Moondrumavadi,
Madurai- 625 007.
2.The Deputy Superintendent of Police,
O/o.Deputy Superintendent of Police,
Alanganallur,
Madurai District.
3. The Inspector of Police,
Alanganallur Police Station,
Alanganallur,
Madurai District.
4.The Additional Public Prosecutor,
Madurai Bench of Madras High Court, Madurai.
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P.DHANABAL, J.
Mac
17.04.2025
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