Madras High CourtCRL OP/2729/2020dismissed

R.Jayaraman v. Inspector Of Police,

2020-02-10Honourable Mr Justice P. Rajamanickam3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 10.02.2020

CORAM:

THE HON'BLE MR.JUSTICE P.RAJAMANICKAM Crl.OP.No.2729 of 2020 R.Jayaraman .. Petitioner -vs1.The Inspector of Police, Thirukovilur Police Station, Thirukovilur, Kallakurichi District.

2.Elumalai 3.Subramanian 4.Anbalagan 5.Muthu .. Respondents Prayer: Criminal Original petition is filed under Section 482 of Criminal Procedure Code, to grant police protection to the petitioner's family land viz., agricultural land having an extent of Acres 2.45 cents comprised in Survey No.125/6 in Aloor Village, Memalur Post, Thirukovilur Taluk, Kallakurichi District and the agricultural proceeds under cultivation of the said land and by consider the petitioner / complaint dated 26.01.2020.

For Petitioner : Mr.R.Neelakandan For Respondents : Mr.M.Mohammed Riyaz Additional Public Prosecutor for R1

ORDER

This Criminal Original Petition has been filed to grant police protection to the petitioner's agricultural land having an extent of Acres 2.45 cents comprised in Survey No.125/6 in Aloor Village, Memalur Post, Thirukovilur Taluk, Kallakurichi District by considering the petitioner's complaint dated 26.01.2020.

2. The learned counsel for the petitioner has submitted that the petitioner's father Ranganatha Gounder has filed a suit in OS.No.919 of 1987 on the file of the Principal District Munsif, Thirukoilur against the respondents 2 & 3 herein and others for the relief of declaration and permanent injunction and got decree on 27.10.1987. He further submitted that as against the same, the defendants therein have filed an appeal in AS.No.146 of 2000 on the file of the Principal Special Judge, Villupuram and the same was dismissed on 20.09.2001, and thereby confirming the judgment and decree passed by the trial court.

He further submitted that as against the judgment and decree passed by the first appellate court the defendants therein have filed Second Appeal with delay excuse petition and this court has dismissed the said delay excuse petition and hence the judgment and decree passed by the trial Court and also the first appellate court have attained finality. He further submitted that even though the petitioner's father got decree before the two courts, the respondents 2 to 5 are not allowing the petitioner and his family members from enjoying the aforesaid property peacefully and hence the petitioner has submitted a representation before the first respondent on 28.01.

2020 seeking police protection but the first respondent has not taken any action on the said representation and therefore he prayed to direct the first respondent to provide police protection to the petitioner and his family members to enjoy the aforesaid property.

3. Per contra, the learned Additional Public Prosecutor has submitted that since the petitioner's father got decree before the Civil Court for declaration and permanent injunction, he has to file an execution petition before the Competent Court and instead of that he cannot file this kind of petition before this court.

4. The typed set of papers filed by the petitioner shows that the petitioner's father Ranganatha Gounder has filed a suit in OS.No.919 of 1987 on the file of the Principal District Munsif Thirukoilur, against the respondents 2 & 3 herein and others for the relief of declaration and permanent injunction in respect of property situated in R.S.No.125/2006 and RS.No.137/ 2005 of Allore Village, Thirukoil Taluk, Villupuram District. The learned Principal District Munsif, Thirukoilur by the judgment and decree dated 22.10.1997 has decreed the said suit as prayed for with cost. Aggrieved by the same, the defendants therein have filed the first appeal in AS.No.146 of 2000 on the file of the Principal Sub judge, Villupuram and the learned Principal Sub Judge, Villupuram has dismissed the said appeal on 20.09.2001 and thereby confirming the judgment and decree passed by the trial court.

5. According to the learned counsel for the petitioner, challenging the said judgment and decree passed by the first appellate court, the defendants therein have filed Second Appeal before this court with delay excuse petition and this court has dismissed the said delay excuse petition. So, it appears that the judgment and decree passed by the first appellate court has attained finality. In such a case, the petitioner can file execution petition for executing the decree by invoking the provisions of Order 21 Rule 32 CPC before the Competent Civil Court. At the time of executing the said decree, if the Civil Court finds any difficulty, it can direct the police to give necessary police protection to enforce the said decree by invoking the provisions of Section 151 C.P.C. So, the petitioner is having remedy before the Civil Court itself and that being so, he cannot approach this court.

6. For the aforesaid reasons, this criminal original petition is dismissed.

Sd/- Assistant Registrar(CS) //True Copy// Sub Assistant Registrar drl.

To 1.The Inspector of Police, Thirukovilur Police Station, Thirukovilur, Kallakurichi District.

2.The Public Prosecutor, High Court, Madras.

+1cc to Mr.R.Neelakandan , Advocate SR.No. 10215 CRL.O.P.No.2729 of 2020 A.SK(21/02/2020)