Mohamed Sheik Ismail v. The State Rep.By

ORDER This Criminal Original Petition has been filed, seeking a direction to the 2nd respondent and its officials not to harass the petitioner and his family members.

¶2The learned counsel for the petitioner submitted the petitioner had sent a representation dated 15.05.2026 to the Superintendent of Police, District Police Head Quarters, Nagapattinam District, Nagapattinam. In the said representation, it was stated that his paternal grandfather, Sheikh Ismail Rowthar, was the absolute owner of various immovable properties including the land measuring 15 cents comprised in Old Natham Survey No.120/10, Village P.Konthagai, Thittachery, Nagapattinam District.

¶3It was further submitted that the petitioner's grandfather had one son, namely, Mohamed Hussain, who, after the demise of his father, became the absolute owner of the aforesaid properties. The said Mohamed Hussain had four children namely, Jehabar Nachiyar, Mohammed Hanifa, Mohammed Sulaiman and Mohamed Sheik Ismail, among whom respondents 3 and 4 are siblings. According to the petitioner, neither his father Mohamed Hussain nor his mother namely, Balkis Nachiyar, executed any gift/settlement deed during their life time in respect of the aforesaid property.

¶4The learned counsel further submitted that it was subsequently found that the respondents 3 and 4 had allegedly forged certain documents and created records as though the petitioner's father had gifted a portion of the aforesaid property to them. Upon coming to know the same, the petitioner instituted a suit in O.S.No.119 of 2017 before the learned Subordinate Court, Nagapattinam, seeking declaration and partition of his 2/7th share in the aforesaid property. The said suit came to be dismissed by judgment, dated 09.02.2026. Aggrieved by the same, the petitioner has preferred an appeal in A.S.No.4 of 2026 before the learned Principal District Judge, Nagapattinam, and the same is pending.

¶5The learned counsel also submitted that, while the appeal is pending, respondents 3 and 4 lodged a false complaint before the respondent police. Based on the said complaint, the petitioner was summoned for enquiry. Further, he submitted that the dispute is purely civil in nature and that the respondent police unnecessarily interfered in the matter. The petitioner also alleged that the police entered his house, caused damaged to the property and assaulted his wife, who was thereafter treated at a Government Hospital.

¶6Per contra, the learned Government Advocate (Crl. Side) appearing for the respondent police submitted that the petitioner is in possession of the family property and is not willing to allot shares to the siblings. He further submitted that the petitioner had lost in the civil suit and that the appeal preferred by him is pending before the learned Principal District Judge, Nagapattinam. He fairly submitted that the dispute is a family property dispute and that the appeal is pending adjudication before the competent Civil Court.

¶7Heard the learned counsel on either side and perused the materials available on record.

¶8Considering the above submission made by the learned counsel on either side and also taking into account the facts and circumstances of the case, as well as the photographs produced before this Court, it is seen that the dispute between the parties pertain to family property rights and is the subject matter of pending civil proceedings. Therefore, the respondent police shall not interfere in the civil dispute between the siblings. If the respondents 3 and 4 are aggrieved by any act of the petitioner, it is always open to them to approach the Competent Civil Court and work out their remedies in the manner known to law.

¶9With the above direction, this Criminal Original Petition is disposed of. 22-06-2026 Jd To

¶1The state rep. by The Superintendent of Police, District Police Head quarters, Nagapattinam District, Nagapattinam.

2.The Inspector of Police, Thittachery Police Station, Nagapattinam District.

¶3The Public Prosecutor, Madras High Court. M.NIRMAL KUMAR J. jd

22-06-2026

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 22-06-2026 CORAM THE HONOURABLE MR JUSTICE M. NIRMAL KUMAR Mohamed Sheik Ismail Petitioner(s) Vs 1. The state rep. by The Superintendent of Police, District Police Head quarters, Nagapattinam District, Nagapattinam. 2.The Inspector of Police, Thittachery Police Station, Nagapattinam District. 3.Jehabar Nachiyar 4.Mohammed Kudbuddeen Respondent(s) PRAYER: Criminal Original Petition filed under Section 528 of BNSS, to direct the 2nd respondent and its officials not to harass the petitioner and his family members. For Petitioner(s): Mr.M.Palanivel For Respondent(s): Mr.R.Rajasekaran Government Advocate (Crl. Side) for R1 and R2 Mr.R.Vinoth Raja for R3