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Madras High CourtCRL OP/1038/2018closed

S.Syed Khader, M/Age 40 v. State Represented By

2018-04-02Honourable Mr Justice P. N. Prakash3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 02.04.2018

CORAM

THE HONOURABLE MR. JUSTICE P.N.PRAKASH Crl.O.P.No.1038 of 2018 and Crl.M.P.No.4782 of 2018 S.Syed Khader ... Petitioner Vs

1. State represented by:

The Commissioner of Police, Greater Chennai Police, No.132, EVK Sampath Road, Vepery, Chennai - 600 007.

2. The Deputy Commissioner of Police, Triplicane District, O/o the Deputy Commissioner of Police, I floor, Chintadripet Police Station, Chennai.

3. The Assistant Commissioner of Police, Nungambakkam Range, O/o the Assistant Commissioner of Police, I Floor, Nungambakkam Police Station, Chennai.

4. Inspector of Police (Law & Order), F-4, Thousand Lights Police Station, Greams Road, Thousand Lights, Chennai - 600 006.

... Respondents Prayer:Criminal Original Petition filed under Section 482 Cr.P.C. praying to direct the respondents to provide police aid for executing the possession warrant issued in E.P.No.56 of 2015 by the learned XIV Judge, Court of Small Causes at Chennai. For Petitioner : Mr.T.Velumani For Respondents: Mrs.Kritika Kamal.P, Government Advocate (Crl. Side)

ORDER

This Criminal Original Petition has been filed seeking for a direction to the respondents to provide police aid for executing the possession warrant issued in E.P.No.56 of 2015 by the learned XIV Judge, Court of Small Causes at Chennai. 2.It is seen that the petitioner had obtained eviction orders in RCOP.No.978 of 2014 and thereafter, filed the execution application in E.P.No.56 of 2015 for evicting the tenant. The Rent controller had granted police protection on 18.09.2015 for the bailiff to evict the tenant, despite which, it is alleged that the police have not provided necessary protection.

3. Heard Mr.T.Velumani, learned counsel for the petitioner and Mrs.Kritika Kamal.P, learned Government Advocate (Crl. Side) for the respondents.

4.Today, Mr.M.Mohan, Sub Inspector of Police, F-4, Thousand Lights Police Station, Chennai, is present before this Court. 5.It is a duty of the police to carry out the directions issued by the Civil Court from time to time and provide necessary protection, failing which, they can be hauled up this Court. Therefore, this Court directs the respondent police to grant necessary police protection to the bailiff based on the orders passed by the Rent Controller. The Deputy Commissioner of Police, Triplicane District, is directed to ensure that the 4th respondent police does not violate the orders of the Rent Controller.

With the above directions, this Criminal Original petition is disposed of. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CS V) //True Copy// Sub Assistant Registrar vum

To 1.The XIV Judge, Court of Small Causes, Chennai.

2. The Commissioner of Police, Greater Chennai Police, No.132, EVK Sampath Road, Vepery, Chennai - 600 007.

3. The Deputy Commissioner of Police, Triplicane District, O/o the Deputy Commissioner of Police, I Floor, Chintadripet Police Station, Chennai.

4. The Assistant Commissioner of Police, Nungambakkam Range, O/o the Assistant Commissioner of Police, I Floor, Nungambakkam Police Station, Chennai.

5. The Inspector of Police (Law & Order), F-4, Thousand Lights Police Station, Greams Road, Thousand Lights, Chennai - 600 006.

6.The Public Prosecutor, High Court, Madras.

+1cc to Mr.T.Velumani, Advocate, S.R.No.24225 Crl.O.P.No.1038 of 2018 & Crl.M.P.No.4782 of 2018 RRK(23/04/2018)