Madras High Court
H.Pushpavanam vs The State Of Tamilnadu on 28 April, 2025
Crl.O.P(MD)No.7743 of 2025
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 28.04.2025
CORAM
THE HONOURABLE MR.JUSTICE P. DHANABAL
Crl.O.P(MD)No.7743 of 2025
H.Pushpavanam ... Petitioner
Vs
1. The State of Tamilnadu,
Rep By,
The Commissioner of Police,
Police Commissioners Office,
Near Thamarai Thotti,
Alagarkovil Road,
Madurai - 2.
2. The Inspector of Police,
S.S.Colony Police Station,
Madurai.
3. Subetha Begam ... Respondents
PRAYER: Criminal Original petition has been filed under Section 528
of BNSS to pass an order to the respondents 1 and 2 to give adequate
police protection to petitioner and his family members life and limb and
to lay fence in the S.No.6/1B5 in Plot No.17 based on the representation
on 29.3.2025 on the judgment of the O.S.No.57 of 2010 and 57 of 2019
dismissal order by the Principal District Munsif Court, Madurai.
1/6
https://www.mhc.tn.gov.in/judis ( Uploaded on: 02/05/2025 04:28:32 pm )
Crl.O.P(MD)No.7743 of 2025
For Petitioner : Mr.R.Ramasamy,
For R1 and R2 : Mr.M.Sakthi Kumar
Government Advocate (Crl.Side)
ORDER
This Criminal Original Petition has been filed seeking a direction
to the respondents 1 and 2 to give adequate police protection to the
petitioner and his family members life and limb and to lay fence in the
S.No.6/1B5 in Plot No.17 based on the representation on 29.3.2025 and
on the basis of the judgment rendered in O.S.Nos.57 of 2010 and 57 of
2019 by the Principal District Munsif Court, Madurai.
2.The learned Counsel for the petitioner would submit that the
petitioner is the owner of the property and he is a senior citizen. There
was a dispute between the petitioner and the third respondent in respect
of the subject property and thereby, suits have been filed by the third
respondent and her husband in O.S.Nos.57 of 2010 and 57 of 2019
https://www.mhc.tn.gov.in/judis ( Uploaded on: 02/05/2025 04:28:32 pm )
respectively, before the Principal District Munsif Court, Madurai and
both the suits were dismissed. While so, the third respondent frequently
harassing the petitioner by interfering with the petitioner's peaceful
enjoyment of the property. When the petitioner tries to fence the land,
the third respondent unnecessarily caused obstruction, thereby, the
petitioner sent the representation to the second respondent and the same
has not been considered. Hence this petition.
3.The learned Government Advocate (Crl.Side) appearing for the
respondent police would submit that the petitioner sent the
representation through postal and thereafter, he has not appeared for
enquiry. If the petitioner appears and produces the relevant documents,
they will consider and take appropriate action, in accordance with law.
4.Considering the limited scope of the prayer sought for in this
petition, this Court, without even issuing notice to the private
respondent, is inclined to pass order.
5.According to the petitioner, the third respondent frequently
harassing the petitioner by interfering with the petitioner's peaceful
https://www.mhc.tn.gov.in/judis ( Uploaded on: 02/05/2025 04:28:32 pm )
enjoyment of the property and when the petitioner tries to fence the land,
the third respondent unnecessarily caused obstruction from fencing the
property, thereby, the petitioner sent the representation to the second
respondent and the same has not been considered. The second
respondent also admitted the receipt of the petitioner's representation,
however, the petitioner has not appeared for enquiry and not produced
relevant documents.
6.Recording the same, the petitioner is directed to appear before
the second respondent on 26.05.2025 along with relevant records and
thereafter, the second respondent shall consider the representation and
take appropriate action, in terms of the judgment and decree passed by
the civil Court, in accordance with law, after affording opportunity to
both the parties.
7.With the above direction, this Criminal Original Petition is
disposed of.
28.04.2025
Internet :Yes
Index :Yes/No
https://www.mhc.tn.gov.in/judis ( Uploaded on: 02/05/2025 04:28:32 pm )
NCC :Yes/No
LR
To
1. The State of Tamilnadu,
Rep By,
The Commissioner of Police,
Police Commissioners Office,
Near Thamarai Thotti,
Alagarkovil Road,
Madurai - 2.
2. The Inspector of Police,
S.S.Colony Police Station,
Madurai.
3.The Additional Public Prosecutor,
Madurai Bench of Madras High Court,
Madurai.
https://www.mhc.tn.gov.in/judis ( Uploaded on: 02/05/2025 04:28:32 pm )
P. DHANABAL, J.
LR
28.04.2025
https://www.mhc.tn.gov.in/judis ( Uploaded on: 02/05/2025 04:28:32 pm )
