M.Saranya v. The State of Tamilnadu, Rep by the Superintendent of Police,

ORDER Seeking adequate police protection for irrigating and harvesting coconut and protection to her life and limb, the petitioner has filed this criminal original petition.

¶2The learned counsel for the petitioner categorically contended that she is entitled to irrigate, harvest and enjoy the land in survey nos. 440/5, 440/6, 440/7 and 440/8 measuring at about 1 acre and 80 cents of land situated at Mullipallam Village, Vadipatti Taluk, Madurai District by the strength of lease deed executed in her favour by one Thenmozhi w/o. Periyamaruthu, Logesh and Devi. However, the same has been settled by the proceedings of the Executive Magistrate, directing the 4th respondent not to interfere with the enjoyment of the leased property of the petitioner by order dated 22.08.2025. It is made clear in the aforesaid order that, pending civil suit in O.S.No.970 of 2021 on the file of the II Additional Sub Court, Madurai, the 4th respondent should not interfere with the peaceful enjoyment of the property by the petitioner and the 4th respondent should be properly dealt with giving proper police protection for the petitioner.

¶3The learned Government Advocate (Crl.side) on instructions submitted that originally the subject property was 4th respondent's family property. The 4th respondent's brother one Periyamaruthu filed a suit for partition in O.S.No.970 of 2021 on the file of the II Additional Sub Court, Madurai and an ex parte decree was passed on 14.09.2022. Challenging the same, the 4th respondent filed an application to set aside the said ex parte decree and the same was dismissed. Challenging the same, the 4th respondent filed an application before this Court. Based on the request of the respondent police, the Revenue Divisional Officer conducted an enquiry and passed orders.

¶4Heard the learned counsels on either side and carefully perused the materials available on record.

¶5Since the Executive Magistrate has dealt with the matter and already issued strictures as against the 4th respondent not to interfere with the possession of the petitioner till the disposal of the civil suit, the 3rd respondent police is directed to afford adequate police protection to the petitioner for harvesting her coconut farm and irrigating the said land on payment of sufficient necessary charges in terms of circular issued by the Director General of Police in Rc.No. 193784/PAC-2/2017 dated 19.03.2019 on making an application by the petitioner in this regard to the 3rd respondent police.

¶6Accordingly, this Criminal Original Petition is disposed of.

02.02.2026 NCC : Yes / No Index : Yes / No Internet : Yes/ No gbg To

1.The Superintendent of Police, Madurai District.

2.The Deputy Superintendent of Police, Samayanallur, Madurai District.

3.The Inspector of Police, Kadupatti Police Station, Madurai District.

4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

L.VICTORIA GOWRI, J.

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02.02.2026

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 02.02.2026 CORAM THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI M.Saranya ... Petitioner Vs. 1.The State of Tamil Nadu, Rep. by the Superintendent of Police, Madurai District. 2.The Deputy Superintendent of Police, Samayanallur, Madurai District. 3.The Inspector of Police, Kadupatti Police Station, Madurai District. 4.Chinnamaruthu ... Respondents Prayer : Criminal Original Petition is filed under Section 528 of BNSS, 2023, to direct the 2nd and 3rd respondent to give adequate police protection for irrigating and harvesting coconut and give protection to her life and limb. For Petitioner : M/s.S.Epsiba for Mr.R.Aravindraj For R1 – R3 : Mr.M.Sakthi Kumar Government Advocate (Crl. side)