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Madras High CourtCRL OP/1189/2023disposed of

Ganesan Maniyan v. The Assistant Commissioner Of Police

2023-07-19Honourable Mr Justice N. Anand Venkatesh4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19.07.2023 CORAM :

THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH Ganesh Maniyan ... Petitioner Vs.

1.The Assistant Commissioner of Police, Pallavaram Range, Pallavaram, Chennai - 600 044.

2.The Inspector of Police, Shankar Nagar Police Station, Pammal, Chennai - 600 075.

3.P.Muthu 4.P.Krishnamurthy 5.Premkumar ... Respondents Prayer : Criminal Original Petition filed under Section 482 Cr.P.C. to direct the respondents to give police protection to the petitioner's life and his property bearing Survey No.27/47 (as per Patta No.5262 patta No.4586, Survey No.27/47A and 27/47B) situated at Pammal Village, Pozhichalur Main Road, Tambaram Taluk, Kanchipuram District, totally measuring to an extent of 12208 sq.ft.

For Petitioner : M/s.V.Jayalakshmi For R1 and R2 : Mr.A.Damodaran Additional Public Prosecutor

O R D E R

This Criminal Original Petition has been filed seeking for police protection based on the complaint given by the petitioner on 21.12.2022. 2.Heard the learned counsel for the petitioner and Mr.A.Damodaran, learned Additional Public Prosecutor, appearing on behalf of the respondents 1 and 2.

3.It is seen from records that there is already a civil Court decree which governs the parties and the grievance of the petitioner is that the private respondents are causing threat to the petitioner. According to the petitioner, on 21.12.2022, the private respondents came to the subject property and removed the name board and also damaged the gate. Hence, the complaint was given to the respondents to take immediate action based on the same. The complaint was taken on file in C.S.R.No.1833 of 2022.

4.Learned Additional Public Prosecutor, on instructions, submitted that the representative of the private respondents gave an undertaking that they will not interfere with the property or cause any threat to the petitioner. The relevant material is also placed before this Court. 5.In view of the above, it is made clear that, if the private respondents attempt to interfere with the possession and enjoyment of the subject property or cause any threat to the petitioner, the 2nd respondent shall take immediate action against them and proceed against them in accordance with law. 6.This Criminal Original Petition is disposed of in the above terms. 19.07.2023 mkn To 1.The Assistant Commissioner of Police, Pallavaram Range, Pallavaram, Chennai - 600 044.

2.The Inspector of Police, Shankar Nagar Police Station, Pammal, Chennai - 600 075.

N. ANAND VENKATESH , J.

mkn 3.The Public Prosecutor, High Court, Madras.

19.07.2023