St.Thomas Chruch, v. Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 02.06.2017

CORAM

THE HONOURABLE MR.JUSTICE R.MAHADEVAN CRL.OP.No.7747 of 2017 St. Thomas Church, The Parish Priest and members of Church Rev. Mr.A.Martin Joseph S/o.Arokiyaraj, Injambakkam, Chennai - 115.

.. Petitioner Vs

1) Inspector of Police Neelangarai Police Station, Chennai.

2) The Commissioner of Police, Egmore, Chennai.

.. Respondents PRAYER : Criminal Original Petition filed under Section 482 Cr.P.C., praying to direct the respondents to give adequate police protection to the petitioner church situated at S.No.13/9, new No.13/10 at Injambakkam Village bounded on north by house site, South by Nanjunda Road, East by Compound Wall west by Harichandra Road, for put the same shed which was destroyed in heavy storm Air as well as temporary toilet and protect the law and order problem from the unknown rowdy elements.

For Petitioner : Mr.S.Ramajayam For Respondents : Mr.C.Emalias, APP

ORDER

This Criminal Original Petition has been filed seeking a direction to the respondents to give adequate police protection to the petitioner church situated at S.No.13/9, new No.13/10, Injambakkam Village, for the purpose of construction of shed, which was destroyed during the heavy storm air and temporary toilet.

2.It is the case of the petitioner that the church is situated at S.No.13/19 and New No.13/10, Injambakkam Village for the past 40 years and due to recent cyclone, shed put up in front of the church was destroyed. When the petitioner is trying to construct shed and temporary toilet to their devotees, some anti social elements are causing disturbance to the same. Hence, the petitioner made a representation dated 04.04.2017 to the respondents, seeking police protection for construction of the same. Since no action was taken on the said representation, the petitioner has filed the present petition for the above stated relief.

3.Learned counsel for the petitioner submitted that it would be suffice, if the representation submitted by the petitioner seeking police protection, is directed to be considered by the respondents within a time frame to be fixed by this Court. 4.Learned Additional Public Prosecutor appearing for the respondents submitted that the petitioner has not produced any documentary evidence, so as to claim title over the property in question.

5.Considering the facts and circumstances of the case and taking note of the submissions made on either side, this Court without going into the merits of the claim made by the petitioner, directs the first respondent to consider the representation of the petitioner dated 04.04.2017 seeking police protection to the petitioner, for the purpose of construction of shed and temporary toilet, and pass appropriate orders, on merits and in accordance with law, after issuing due notice to the petitioner as well as all other interested parties, if any. Such exercise shall be completed within a period of four weeks from the date of receipt of a copy of this order. 6.This Criminal Original Petition is disposed of accordingly.

Sd/- Asst.Registrar (CCC) /true copy/ Sub Asst. Registrar rk

To

1) Inspector of Police Neelangarai Police Station, Chennai.

2) The Commissioner of Police, Egmore, Chennai.

3) The Public Prosecutor, High Court, Madras.

+1cc to Mr.S.Ramajayam,Advocate sr.39524 Crl.OP.No.7747 of 2017 kgk(co) ss(19/6/2017)