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2025 DAILYLAW 171264 (MAD)

K.S.Dhinakaran v. The State of Tamilnadu

CRL OP(MD)/23150/2025 · 2025-12-16

L Victoria Gowri

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Crl.OP(MD)No.23150 of 2025 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 16.12.2025 CORAM THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI Crl.O.P.(MD).No.23150 of 2025 K.S.Dhinakaran ... Petitioner Vs. 1.The State of Tamilnadu rep. by its, The Superintendent of Police, O/o,Superintendent of Police, Madurai District. 2.The Deputy Superintendent of Police, O/o,Deputy Superintendent of Police, Karupayurani, Madurai District. 3.The Inspector of Police, Othakadai Police Station, Madurai District. 4.K.Chezhian 5.K.Akilan ... Respondents Prayer : Criminal Original Petition is filed under Section 528 of BNSS, 2023, to direct the respondents 1, 2 and 3 to provide adequate police 1/6 https://www.mhc.tn.gov.in/judis Crl.OP(MD)No.23150 of 2025 protection to the life and limb of the petitioner for entering into his premises based on the petitioner's representation dated 02.12.2025. For Petitioners : Mr.S.Vidhya Sagar For Respondents : Mr.M.Sakthi Kumar, (for R1 to R3) Government Advocate (Crl. Side) ORDER Seeking to direct the respondents 1, 2 and 3 to provide adequate police protection to the life and limb of the petitioner for entering into his premises based on the petitioner's representation dated 02.12.2025, this petition is filed. 2.The learned counsel appearing for the petitioner submitted that the petitioner is a Senior citizen and he is the absolute owner of land comprised in S.No.22/1V, Kaalikaapan 1st Bit, measuring an extent of 2 acres. However, the mother of the respondents 4 and 5, one deceased Panchavarnam, fraudulently created a fabricated document in the year 2/6 https://www.mhc.tn.gov.in/judis Crl.OP(MD)No.23150 of 2025 1996, claiming herself to be the cultivating tenant of the petitioner's property and a cultivating Tenant patta was illegally issued in her favour on 22.03.2002 by the Tahsildar. Thereafter, the said fradulent patta was cancelled by the Special Sub Collector on 30.10.2024. After cancellation of the fraudulent patta, the petitioner erected stone pillars and fenced the property to protect his lawful possesion. However, the respondents 4 and 5 along with their henchmen, damaged the fencing and attempted to trespass into the petitioner's property. They had continuously disturbed the petitioner in his peaceful possession and enjoyment of the property. Hence, he sought the indulgence of this Court. 3.The learned Government Advocate (Crl. Side) Mr.M.Sakthikumar, on instructions, submitted that unless and until the private respondents are given an opportunity of hearing, the police cannot interfere. 3/6 https://www.mhc.tn.gov.in/judis Crl.OP(MD)No.23150 of 2025 4.In view of the same, the third respondent Police is directed to summon the respondents 4 and 5 in accordance with law, peruse the documents available, and thereafter provide necessary police protection to the petitioner, if necessary. 5.With the above directions, this Criminal Original Petition is disposed of. 16.12.2025 NCC : Yes / No Index : Yes / No Internet : Yes/ No vsg 4/6 https://www.mhc.tn.gov.in/judis Crl.OP(MD)No.23150 of 2025 To 1.The Superintendent of Police, O/o,Superintendent of Police, Madurai District. 2.The Deputy Superintendent of Police, O/o,Deputy Superintendent of Police, Karupayurani, Madurai District. 3.The Inspector of Police, Othakadai Police Station, Madurai District. 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. 5/6 https://www.mhc.tn.gov.in/judis Crl.OP(MD)No.23150 of 2025 L.VICTORIA GOWRI, J. vsg CRL OP(MD)No.23150 of 2025 16.12.2025 6/6 https://www.mhc.tn.gov.in/judis