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2026 DAILYLAW 21043 (MAD)

G.Arumugam v. The State of Tamilnadu

CRL OP(MD)/719/2026 · 2026-03-23

R Vijayakumar

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Crl.O.P.(MD)No.719 of 2026 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 23.03.2026 CORAM: THE HONOURABLE MR JUSTICE R.VIJAYAKUMAR Crl.O.P.(MD)No.719 of 2026 G.Arumugam ... Petitioner Vs. 1.State of Tamil Nadu Rep.by The Superintendent of Police Office of the Superintendent of Police Thoothukudi Thoothukudi District 2.The Inspector of Police Pudukkottai Police Station Thoothukudi District 3.V.Arunachalam Ammal 4.K.Muthammal 5.N.Subbaiah ... Respondents PRAYER: Petition filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023, directing the respondents 1 and 2 to provide police protection to the above named petitioner and to his property in Survey No.386 /27C, situated at Mudiveithanenthal Village, Pudukkottai, Thoothukudi District till the construction in the above property is completed on the basis of his presentation 1/5 https://www.mhc.tn.gov.in/judis Crl.O.P.(MD)No.719 of 2026 dated 22.12.2025. For Petitioner : Mr.B.N.Raja Mohamed For Respondent : Mr.A.Albert James Government Advocate (Crl.side) for R1 & R2 :Mr.T.Antony Arulraj for R3 ORDER The present petition has been filed seeking a direction as against the respondents 1 and 2 to provide police protection to the above named petitioner and to his property in Survey No.386 /27C, situated at Mudiveithanenthal Village, Pudukkottai, Thoothukudi District till the construction in the above property is completed on the basis of his presentation dated 22.12.2025. 2.A perusal of the records reveals that the petitioner herein as plaintiff has filed O.S.No.444 of 2015 as against the private respondents herein and had obtained a decree for declaration of title and permanent injunction. The defendants therein had preferred A.S.No.6 of 2022 before the Subordinate Court, Thoothukudi which was dismissed on 05.06.2024. 3.According to the learned counsel appearing for the petitioner, despite a a decree by the civil Court, there respondents herein are preventing him from putting up construction. 2/5 https://www.mhc.tn.gov.in/judis Crl.O.P.(MD)No.719 of 2026 4.From the above said submissions, it is clear that the petitioner is attempting to execute the decree through police. In case, if the petitioner is aggrieved over the disobedience of the injunction decree passed by the civil Court, it is open to him to approach the competent civil Court under Order 21 Rule 32 of C.P.C. The same Court is also empowered to grant police protection. 5.With the above said liberty, this Criminal Original Petition stands disposed of. 23.03.2026 Internet : Yes/No Index : Yes/No NCC : Yes/No msa To 1.The Superintendent of Police 3/5 https://www.mhc.tn.gov.in/judis Crl.O.P.(MD)No.719 of 2026 Office of the Superintendent of Police Thoothukudi Thoothukudi District 2.The Inspector of Police Pudukkottai Police Station Thoothukudi District 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. R.VIJAYAKUMAR,J. msa 4/5 https://www.mhc.tn.gov.in/judis Crl.O.P.(MD)No.719 of 2026 Crl.O.P.(MD)No. 719 of 2026 23.03.2026 5/5 https://www.mhc.tn.gov.in/judis