A.S.Noorjahan v. The Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 15.02.2022

CORAM:

THE HON'BLE MR.JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.No.2917 of 2022 A.S.Noorjahan ... Petitioner Vs.

1. The Superintendent of Police, Office of the District Superintendent of Police, Thirupathur, Thirupathur District.

2.The Inspector of Police, Thirupathur Town Police Station, Thirupathur, Thirupathur District. ...Respondents PRAYER: This Criminal Original Petition filed under Section 482 Cr.P.C. to direct the respondents to provide police protection to the petitioner and her property viz., bearing Door No.91/10A, 3rd Street, Sam Nagar, Thirupathur based on the complaint given by the petitioner dated 22.01.2022.

For Petitioner : Mr.S.Arivazhagan For Respondents: Mr.A.Gokulakrishnan Additional Public Prosecutor

O R D E R

This Criminal Original Petition has been filed for a direction to the the respondents to provide police protection to the petitioner and her property viz., bearing Door No.91/10A, 3rd Street, Sam Nagar, Thirupathur based on the complaint given by the petitioner dated 22.01.2022.

2.Learned counsel for the petitioner would submit that the petitioner is a senior citizen and widow. Her husband died on 11.05.2021. She had two sons and two daughters. Her younger son Ayub is a law graduate and he is living separately and other sons and other daughters are living jointly under one roof.

During life time of the petitioner's husband, her son Ayub induced his father and grabbed all the properties. The petitioner out of her hard earned money had purchased property bearing Door No.91/10A, 3rd Street, Sam Nagar, Thirupathur. Her son Ayub attempted to grab the property from her and thereby the petitioner was constrained to complaint under the provisions of the Senior Citizen Welfare and Maintenance Act 2007 before the Sub Collector, Thirupathur, Vellore District. After conducting enquiry, the District Collector has ordered to deliver the possession of the above said property to the petitioner and the District Collector also directed criminal prosecution under section 24 of the above said Act against the said Ayub.

Against the order passed by the District Collector, the petitioner's son Ayub preferred a writ petition before this Court and this Court by order dated 26.11.2021, directed the Executive Magistrate to hand over the possession in respect of the premises bearing bearing Door No.91/10A, 3rd Street, Sam Nagar, Thirupathur. Pursuant to the order, the Tahsildar, Thirupathur had desealed the house and taken possession and it was delivered to the petitioner on 21.01.2022. Even after the possession being handed over to the petitioner, her son Ayub is continuously harassing the petitioner and her other children, taking advantage of the fact that he is an Advocate by profession. The respondents are also not taking any action against the said Ayub.

Since the respondents have not taken any action, the petitioner is constrained to approach this Hon'ble Court. 3.Learned Government Advocate (crl side) appearing for the respondent would submit that the petitioner has given a complaint dated 22.01.2022. He would further submit that due enquiry would be conducted and appropriate protection will be given to the petitioner by the first respondent. 4.In view of the above, the second respondent is directed to conduct enquiry and give protection to the petitioner, who is senior citizen. Recording the submission of the learned Government Advocate (crl side), the criminal original petition stands closed.

SD/- ASSISTANT REGISTRAR // TRUE COPY // SUB ASSISTANT REGISTRAR

vri/shk To:

1. The Superintendent of Police, Office of the District Superintendent of Police, Thirupathur, Thirupathur District.

2.The Inspector of Police, Thirupathur Town Police Station, Thirupathur, Thirupathur District.

3. The Public Prosecutor, Madras High Court.

+1cc to Mr.S.Arivazhagan, Advocate Sr.9493 Crl.O.P.No.2917 of 2022 mt[co] srg 16/03/2022