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Madras High CourtCRL OP/5147/2022disposed of

Elayaraja v. The Superintendent Of Police,

2022-03-08Honourable Mr Justice A.D.Jagadish Chandira2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 08.03.2022

CORAM

THE HONOURABLE MR. JUSTICE A.D.JAGADISH CHANDIRA CRL.O.P.NO.5147 OF 2022 Elayaraja ... Petitioner Vs.

1.

The Superintendent of Police, Office of the Superintendent of Police, Kallakurichi District.

2.

The Inspector of Police, Chinna Salem Police Station, Kallakurichi District.

3.

Paramasivam, S/o.Periyasamy, No.174, Bazzar Street, Chinna Salem.

PRAYER:

This Criminal Original Petition filed under Section 482 of Cr.P.C., to direct the Respondents 1 & 2 to provide adequate police protection to the petitioner and his property to an extent of 1498 sq. ft. comprised in Survey No.893/3 at Chinna Salem Taluk, Kallakurichi District and also the life and limb of the Petitioner and his family members by considering the petitioner's representation dated 13.10.2021. For Petitioner : Mr.Giri Nagu Kumar For Respondent :

Mr.V.Meganathan (for R1 & R2) Government Advocate (Crl. Side)

O R D E R

This Criminal Original Petition has been filed to direct Respondents 1 & 2 to provide adequate police protection to the petitioner and his property to an extent of 1498 sq. ft. comprised in Survey No.893/3 at Chinna Salem Taluk, Kallakurichi District and also the life and limb of the Petitioner and his https://hcservices.ecourts.gov.in/hcservices/

family members by considering the petitioner's representation dated 13.10.2021.

2. Learned counsel for the Petitioner would submit that the Petitioner is the owner of the property to an extent of 1498 sq. ft. comprised in Survey No.893/3 at Chinna Salem Taluk, Kallakurichi District. The 3rd Respondent/Paramasivam interfered with the possession of the Petitioner, thereby the Petitioner had filed a suit for permanent injunction in O.S.No.141 of 2021. The learned Principal District Munsif, Kallakurichi, by order dated 07.10.2021 in I.A.No.759 of 2021 in O.S.No.141 of 2021 had granted interim injunction till the disposal of the suit. However, despite the order granted by the civil Court, the 3rd Respondent is disturbing the possession. He would further submit that the Petitioner gave representation to the 2nd Respondent on 13.10.2021. Despite the representation, the Respondents have not taken any action.

3. At this juncture, learned Government Advocate would submit that the Respondent police would conduct enquiry and give adequate police protection, if necessary.

4. Recording the same, this Criminal Original Petition is disposed of.

Sd/- Assistant Registrar(CS VIII) //True Copy// Sub Assistant Registrar shk/sai To 1.

The Superintendent of Police, Office of the Superintendent of Police, Kallakurichi District.

2.

The Inspector of Police, Chinna Salem Police Station, Kallakurichi District.

3.

The Public Prosecutor, High Court of Madras.

Crl.O.P.No.5147 of 2022 PMK(CO) PM/23/03/2022 https://hcservices.ecourts.gov.in/hcservices/