Crl.O.P.No. 9624 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 28.03.2025 CORAM: THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.9624 of 2025 P.K.Kumar ... Petitioner Vs State by 1.The Superintendent of Police, Kallakurichi District, District Police Superintendent Office, Kallakurichi. 2.The Deputy Superintendent of Police, Kallakurichi Taluk, Taluk DSP Office, Kallakurichi. 3.The Inspector of Police, G-1, Kallakurichi Police Station, Kallakurichi. 4.P.Velusamy ... Respondents PRAYER: Criminal Original Petition is filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, to direct the respondents to provide police aid and protection to the petitioner's life and limb based on his complaint dated 22.03.2025. https://www.mhc.tn.gov.in/judis Crl.O.P.No. 9624 of 2025 For Petitioner : Mr.R.K.Gandhi For R1 to R3 : Mr.R.Vinothraja, Government Advocate (Crl.side) ORDER This Criminal Original Petition has been filed seeking a direction to the respondents to provide police aid and protection to the petitioner's life and limb based on his complaint dated 22.03.2025. 2. The petitioner is in possession and enjoyment of the property comprised in Survey Nos.299/3A, 299/5A, 299/3B1, situated at Ulagankathan Village, Kallakurichi Taluk. While being so, on 19.03.2025 at around 9:00 A.M., the fourth respondent herein along with 100 unknown individuals, including rowdy elements and laborers, allegedly trespassed into the petitioner’s property. The group, armed with weapons like shovels, attacked the petitioner and his mother, and threatened to kill them. They unlawfully entered the farmland, uprooted cassava tubers, harvested and looted the sugarcane, and caused extensive property damage. They reportedly used more than 20 tipper trucks to https://www.mhc.tn.gov.in/judis Crl.O.P.No. 9624 of 2025 illegally excavate and remove fertile agricultural soil, causing a loss of over Rs. 50 lakhs. Further, the intruders allegedly fenced the house, restricted the family’s movement, and issued continuous death threats. Despite the petitioner’s immediate complaint before the third respondent, no effective police action has been taken due to the accused's alleged political influence. Hence, this petition. 3. Heard both sides and perused the materials placed on record. 4. Though the petitioner is in lawful enjoyment and possession of the property, it is alleged that the fourth respondent has attempted to trespass into the subject land and damaged the property. That apart, there is civil dispute pending between the parties. In such circumstances, the petitioner ought to have approached the Civil Court for appropriate relief as against the fourth respondent in the event of any dispute over title or possession. Police protection can only be granted in cases where there is a threat to the life or limb of the petitioner, not for the protection of property rights. However, at the same time, on the complaint lodged by https://www.mhc.tn.gov.in/judis Crl.O.P.No. 9624 of 2025 the petitioner, if any cognizable offence is made out as against the counter parties, the third respondent is directed to proceed as against the accused in accordance with law. 5. Accordingly, this Criminal Original Petition stands dismissed. 28.03.2025 Internet:Yes Index:Yes/No Speaking/Non speaking order shk https://www.mhc.tn.gov.in/judis Crl.O.P.No. 9624 of 2025 To 1.The Superintendent of Police, Kallakurichi District, District Police Superintendent Office, Kallakurichi. 2.The Deputy Superintendent of Police, Kallakurichi Taluk, Taluk DSP Office, Kallakurichi. 3.The Inspector of Police, G-1, Kallakurichi Police Station, Kallakurichi. 4. The Public Prosecutor, High Court, Madras. Page 5 of 6 https://www.mhc.tn.gov.in/judis Crl.O.P.No. 9624 of 2025 G.K.ILANTHIRAIYAN. J, shk Crl.O.P.No.9624 of 2025 28.03.2025 https://www.mhc.tn.gov.in/judis