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 4^th and 5^th 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)

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 4^th and 5^th 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.

2. Since no adverse order is passed against the respondents 4 and

5, notice to the respondents 4 and 5 is dispensed with.

3. The 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.

4. The 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 4^th and 5^th 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.

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

6. In this regard, the 3^rd 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.

7. With 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