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Venkatesh Muruga Prabhu v. The State of Tamilnadu

DISPOSED OF
Court
High Court of Madras
Decided
9 February 2026
Bench
S Justice L.Victoria Gowriauthor
Case no.
CRL OP(MD) 2489/2026

Judgment

ORDER This Criminal Original Petition has been filed to direct the respondents 1 to 3 to give police protection to the petitioner to demolish the wall which was illegally constructed by the 4th and 5th respondents on the southern side of the petitioner's house based on the complaint dated 22.07.2025 sent by the petitioner to the respondents 1 to 3.

¶2Since no adverse order is passed against the respondents 4 and 5, notice to the respondents 4 and 5 is dispensed with.

¶3The learned counsel for the petitioner submitted that the petitioner has filed this petition seeking police protection to execute the civil decree in O.S.No.57 of 2015, dated 08.04.2022 on the file of the District Munsif Court, Aandipatti, Theni District.

¶4The learned Government Advocate(Crl.Side) submitted that the petitioner has a decree in his favour from the trial Court. Challenging the same, appeal suit was filed and the same also dismissed. Now, the 4th and 5th respondents have informed the respondent police that they had already preferred second appeal before this Court. For which, the learned counsel for the petitioner submitted that so far no second appeal is filed.

¶5Heard the learned counsel on either side and carefully perused the materials available on record.

¶6In this regard, the 3rd respondent police is directed to ensure whether the second appeal is pending before this Court and in the absence of the same, directed to afford proper police protection on payment of necessary fees in terms G.O.Ms.No.139, Home (Pol.VIII) Department, dated 04.03.2019, after putting notice to the respondents 4 and 5.

¶7With the above directions, this Criminal Original Petition is disposed of.

09.02.2026 NCC : Yes / No Index : Yes / No Internet : Yes/ No gbg To

1.The Superintendent of Police, Office of the Superintendent of Police, Theni District-626 531.

2.The Deputy Superintendent of Police, Office of the Deputy Superintendent of Police, Aandipatty Taluk, Theni District-625 512.

3.The Inspector of Police, Aandipatty Town Police Station, Aandipatty Taluk, Theni District – 625 512.

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

L.VICTORIA GOWRI, J.

gbg

09.02.2026

Case details

Parties and counsel

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 09.02.2026 CORAM THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI Venkatesh Muruga Prabhu ... Petitioner Vs. 1.The Superintendent of Police, Office of the Superintendent of Police, Theni District- 626 531. 2.The Deputy Superintendent of Police, Office of the Deputy Superintendent of Police, Aandipatty Taluk, Theni District- 625 512. 3.The Inspector of Police, Aandipatty Town Police Station, Aandipatty Taluk, Theni District – 625 512. 4.Baskaran 5.Vinoth Kannan ... Respondents Prayer : Criminal Original Petition is filed under Section 528 of BNSS, 2023, to direct the respondents 1 to 3 to give police protection to the petitioner to demolish the wall which was illegally constructed by the 4th and 5th respondents on the southern side of the petitioner's house based on the complaint dated 22.07.2025 sent by the petitioner to the respondents 1 to 3. For Petitioner : M/s.M.Benazir Begum For R1 – R3 : Mr.M.Sakthi Kumar Government Advocate (Crl. side)

Source: High Court of Madras, through the eCourts High Court services, via the Indian High Court Judgments open dataset by Dattam Labs (CC BY 4.0). Text was extracted from the official PDF and may contain conversion errors. Check the official PDF before relying on it.