Kumaravel v. The State of Tamil Nadu, the Superintendent of Police, V and Ac, Pudukottai

ORDER This Criminal Original Petition has been filed, invoking Section 528 of BNSS., seeking direction to the respondents 1 to 3 to take action against the fourth respondent and their men based on the representation, dated 17.09.2025.

¶2The petitioner's case is that the land in S.No.163/13 situated at Param Nagar, Vadakadu Village, Alangudi Talik, Pudukkottai District and was classified as Government Poramboke Natham land; that the fourth respondent, who is working as Village Assistant misused his official power and arranged to obtain assignment pattas, which came to be issued by the Government to landless poor for the house sites, in the name of his relatives, Ramasamy, Selvarani, Parthiban, Vasi and Kannan and his father Kanagaraj; that the above persons are not eligible to receive such assignment pattas; that the fourth respondent produced fabricated documents in the name of his mother namely Selvi and transferred the patta, which has been obtained to his father's name byway of Inam Settlement and thereby, he has usurped Government land by misusing his official power; that the petitioner sent a representation, dated 17.09.2025 to the respondents 1 to 3, but no action has been taken so far and that therefore, the petitioner was constrained to approach this Court.

¶3The main contention of the learned counsel for the petitioner is that though the complaint came to be lodged on 17.09.2025, the respondents have not taken any action till now. Even assuming that the petitioner has given such representation and the respondents have not taken any action the petitioner has to adopt procedures contemplated under B.N.S.S. As per the scheme of B.N.S.S., if no action is taken by the jurisdictional police i.e., respondents 2 and 3, the complainant has to approach the higher officials and if no action is taken, he has to invoke Section 175(3) B.N.S.S. before the jurisdictional Court. Since the petitioner has not followed the above procedures, this petition cannot be entertained. Consequently, this Court concludes that the Criminal Original Petition is devoid of merits and the same is liable to be dismissed.

¶4In the result, this Criminal Original Petition is dismissed.

22.10.2025 NCC : Yes/No Index : Yes / No Internet : Yes / No das To

1.The Superintendent of Police, Vigilance and Anti Corruption Department, Pudukkottai.

2.The Deputy Superintendent of Police, Vigilance and Anti-Corruption Department, Collectorate Campus, Pudukkottai District.

3.The Inspector of Police, Vigilance and Anti Corruption Department, Pudukkottai District.

4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. K.MURALI SHANKAR,J. das Dated: 22.10.2025

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.10.2025 CORAM THE HON'BLE MR.JUSTICE K.MURALI SHANKAR Kumaravel ... Petitioner Vs. 1.State of Tamil Nadu rep.by The Superintendent of Police, Vigilance and Anti Corruption Department, Pudukkottai. 2.The Deputy Superintendent of Police, Vigilance and Anti-Corruption Department, Collectorate Campus, Pudukkottai District. 3.The Inspector of Police, Vigilance and Anti Corruption Department, Pudukkottai District. 4.Thiruselvam ... Respondents PRAYER : Criminal Original Petition filed under Section 528 of BNSS, to direct the respondents 1 to 3 to take action against the fourth respondent and their men based on the representation, dated 17.09.2025. For Petitioner : Mr.M.Perumal For Respondents : Mr.S.Ravi, Additional Public Prosecutor, for R1.