Police must issue notice under BNSS Section 64 and obtain undertakings against continued property threats despite prior FIR.

ORDER

This petition has been filed seeking for a direction to the 2^nd respondent to give police protection for the life and limb of the petitioner, based on his complaint dated 27.01.2026.

2. The learned counsel appearing for the petitioner submitted that the petitioner is the absolute owner in possession and enjoyment of the land bearing Survey Nos. 1890/1B, 1890/3, and 1890/2, situated at Koottakaranpatti, Palayam Village, Gujjiliamparai Taluk, Dindigul District. Apart from this, the adjacent land in Survey No. 1890/1A, measuring an extent of 1 acre and 7 cents, is owned by the petitioner's sister’s son, namely Praveen. The petitioner and the said Praveen have perfected their title and ownership over their respective properties by effecting mutation for a total extent of 4 acres and 52 cents, the relevant records of which are in the custody of the petitioner, who is presently cultivating the same.

3. It is further submitted that the third and fourth respondents, along with other villagers and certain rowdy elements, attempted to trespass upon the petitioner’s property with an intention to grab the same and to interfere with the petitioner’s cultivation activities. In this regard, for the purpose of protecting the standing crops, it is necessary that the second respondent provides adequate police protection by considering the petitioner’s complaint dated 27.01.2026. However, the respondent police have not taken any proper action on the said complaint.

4. The learned Government Advocate appearing for the respondent police submitted that, although the petitioner claims that the entire property belongs to him, the land situated in Survey No. 1891 belongs to the HR&CE Department, and there exists a common well. Further, it is submitted that another complaint has been received from the petitioner’s uncle, namely Natarajan, and an FIR in Crime No. 36 of 2026 has been registered against respondents 3 and 4.

5. 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 respondents, notice to them is dispensed with.

6. It is seen that respondents 3 and 4 are continuing to trouble the petitioner, despite the registration of an FIR at the instance of the petitioner’s uncle by the respondent police. In view of the same, the second respondent police is directed to issue notice to the petitioner as well as respondents 3 and 4 under Section 64 of the BNSS, 2023. If the grievance of the petitioner is found to be genuine, the second respondent police is further directed to obtain a written undertaking from respondents 3 and 4 that they shall not cause any harm to the petitioner or to his property in the future.

7. With the above direction, this writ petition stands disposed of.