Chinnapillai @ Gowriammal, v. State, Rep. By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12.03.2020

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.7682 of 2018 Chinnapillai @ Gowriammal .. Petitioner Vs

1. The State represented by, The Superintendent of Police, Tiruvarur, Tiruvarur District.

2. The Inspector of Police, Needamangalam Police Station, Needamangalam, Tiruvarur District.

.. Respondents Prayer :- Criminal Original Petition filed under Section 482 Cr.P.C. to direct the respondents herein to provide police protection to the petitioner herein for cultivating the property in connection with 2.21 acres in Survey No.473 and 0.40 cents in Survey No. 466/2 altogether the petitioner was recognized with 2.61 acres of "Nanjai" Land, Needamangalam Taluk, Royapuram Village, Tiruvarur District.

For Petitioner : Mr.S.Kingston Jerold For Respondents: Mr.M.Mohamed Riyaz Additional Public Prosecutor

O R D E R

This petition has been filed to direct the respondents herein to provide police protection to the petitioner herein for cultivating the property in connection with 2.21 acres in Survey No.473 and 0.40 cents in Survey No. 466/2 altogether the petitioner was recognized with 2.61 acres of "Nanjai" Land, Needamangalam Taluk, Royapuram Village, Tiruvarur District.

2. The learned counsel for the petitioner would submit that the land admeasuring 2 Acres 61 Cents in Tiruvarur District which belongs to Sripathi Venugopalaswami Temple was leased out to the petitioner's father. Subsequent to the death of the petitioner's father, the petitioner is in absolute possession

and enjoyment of the property. It is further submitted that one Mr.Ganesan interfered with peaceful possession of the property and the petitioner filed a suit in O.S.No.681 of 1981 and obtained injunction in her favour and as against that an Appeal Suit has been filed by Mr.Ganesan which was dismissed and as against that dismissal a Second Appeal has been filed and obtained an order of interim injunction. He would further submit that the second respondent with his political influence has been intentionally preventing the petitioner from cultivating property. Therefore, the present Criminal Original Petition has been filed for appropriate police protection.

3. The learned Additional Public Prosecutor appearing on behalf of the respondents 1 & 2 would submit that respondent/Police cannot give police protection in a case of this nature.

4.Heard Mr.S.Kingston Jerold, learned Counsel for the petitioner and Mr.M.Mohamed Riyaz, learned Additional Public Prosecutor for the respondents and perused the materials placed on record.

5.Taking into consideration the above facts and circumstances, this Court is not inclined to grant police protection to the petitioner herein for cultivating the property.

6. In view of the above, this Criminal Original Petition stands dismissed.

s/d- Assistant Registrar True Copy Sub-Assistant Registrar dua To 1.The State represented by, The Superintendent of Police, Tiruvarur, Tiruvarur District.

2.The Inspector of Police, Needamangalam Police Station, Needamangalam, Tiruvarur District.

3.The Public Prosecutor, High Court, Madras.

Crl.O.P.No.7682 of 2018 RSV(CO) SP(05/10/2020)