BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 19.01.2026 CORAM THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI Crl.O.P.(MD).No.831 of 2026 K.Subbiah ...Petitioner Vs.

1.The Superintendent of Police, Pudukkottai District, Pudukkottai.

2.The Deputy Superintendent of Police, Aranthangi, Pudukkottai District.

3.The Sub Inspector of Police, Nagudi Police Station, Pudukkottai District.

4.Kaliyammal ... Respondents Prayer : Criminal Original Petition is filed under Section 528 of BNSS, 2023, to direct the respondents 1 to 3 not to harass the petitioner in the guise of enquiry.

For Petitioner : Mr.N.Vijayalakshmi For R1 to R3 : Mr.M.Sakthikumar Government Advocate (Crl.side)

ORDER

Seeking to direct the respondents 1 to 3 not to harass the petitioner under the guise of enquiry, this criminal original petition is filed.

2.Considering that no adverse order is likely to be passed against the fourth respondent, notice to her is dispensed with.

3.The learned counsel for the petitioner submitted that the subject property in S.No.107/1 to a vast area of 1 acres 85 ¼ cents situated at Vedhiyankudi Village, Manamelkudi Taluk, Pudukkottai District, belongs to a temple, namely, 'Arulmigu Mazhiamuthu Mariamman Kovil'. The petitioner being the Poojari and Administrative of the said temple, is cultivating in the said land. The fourth respondent disputed with the temple committee by claiming title and ownership over the temple property on the strength of Patta No.154, which, according to the petitioner, was erroneously issued to the fourth respondent's husband. In this regard, respondent police, at the intance of the fourth respondent, harassed the petitioner. Hence, this petition.

4.The learned Government Advocate (Crl.side), on instructions, submitted that earlier the petitioner had filed Crl.O.P(MD).No.22701 of 2025 before this Court seeking police protection when the petitioner harvested in the subject land and this Court, by order dated 11.12.2025, directed the petitioner to appear before the third respondent police and produce the necessary documents to substantiate the title of the temple and the third respondent police was further directed to afford adequate police protection to the petitoner, if the possession and title stands in favour of the temple. Pursuant to the order of this Court, the petitioner has appeared before the respondent police, however, he failed to produce any documents to substantiate his claim and it is interesting to note that the petitioner had also given in writing that he had not produced any documents with respect to Survey No.107 / 1 at the time of enquiry.

5.Recording the same, I do not find any necessity to pass any positive order in this criminal original petition, since both the petitioner and rival claimant do not have any proper title deeds to prove their title respectively. Accordingly, this Criminal Original Petition is disposed of.

19.01.2026 NCC : Yes / No Index : Yes / No Rmk To

1.The Superintendent of Police, Pudukkottai District, Pudukkottai.

2.The Deputy Superintendent of Police, Aranthangi, Pudukkottai District.

3.The Sub Inspector of Police, Nagudi Police Station, Pudukkottai District.

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

L.VICTORIA GOWRI, J.

Rmk

19.01.2026