Jason Tamilselvan Vs The State of Tamil Nadu

PRAYER : Petition filed under Section 528 of BNSS, 2023 to direct the 2^nd respondent to give a Police Protection for survey and put fencing on his property in Survey No.349/2B1B1 and 349/2B2B1, situated in Kovilankulam Village, Madurai District with an extent of 12 cents respectively based on the representation given by the petitioner dated 23.01.2026.

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For Petitioner : Ms.C.Geetha For Respondents : Mr.M.Sakthi Kumar (R1 & R2) Government Advocate (Crl.)

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https://www.mhc.tn.gov.in/judis

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Crl.O.P.(MD)No.2833 of 2026

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ORDER

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This petition has been filed seeking for a direction to the 2 nd respondent to give police protection for survey and fencing of his property in Survey No. 349/2B1B1 and 349/2B2B1, situated in Kovilankulam Village, Madurai District measuring to an extent of 12 cents, based on the representation given by the petitioner dated 23.01.2026.

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The learned counsel appearing for the petitioner submitted that since the third respondent is engaging in unnecessary quarrels with the revenue officials during the survey, this petition has been filed seeking police protection.

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The learned Government Advocate appearing for the respondent police submitted that, based on the petitioner's representation, CSR No.29 of 2026 was issued and the rival party also appeared for enquiry, however without any documents for substantiating his claim, before the enquiry officer and stated that they would work out their remedy before the proper civil forum.

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https://www.mhc.tn.gov.in/judis

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Crl.O.P.(MD)No.2833 of 2026

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Heard the learned counsel on either side and carefully perused the materials placed before this Court. Since no adverse order is proposed to be passed against the private respondent, notice to him is dispensed with.

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Considering the facts and circumstances of the case, the second

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respondent police is directed to issue notice to the petitioner and the third respondent and afford them an opportunity of hearing with respect to the documents relating to the subject property to be submitted by them.

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The third respondent, in case produces any documents to substantiate his claim in respect of the very same property, the second respondent would be justified in directing the respective parties to approach the appropriate Civil Court to work out their remedies in the manner known to law. In the absence of the any documents by the third respondent, it is the bounden duty of the second respondent police to afford necessary police protection on payment of necessary charges in terms of GO.Ms.No.139, Home (Pol-VIII) Department, dated 04.03.2019 for the purpose of surveying and demarcating the boundaries of the subject property.

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https://www.mhc.tn.gov.in/judis

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Crl.O.P.(MD)No.2833 of 2026

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