Madras High CourtCRL OP/4200/2023disposed of

P.Palaniyammal v. The Superintendent Of Police,

2023-07-19Honourable Mr Justice N. Anand Venkatesh4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19.07.2023 CORAM :

THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH P.Palaniyammal ... Petitioner Vs.

1.The Superintendent of Police, Salem District, Salem.

2.The Inspector of Police, Mallur Police Station, Mallur, Salem District.

3.Arul Jyothi 4.Subban 5.P.Periyasamy 6.S.Subramani ... Respondents Prayer : Criminal Original Petition filed under Section 482 Cr.P.C. to direct the respondents 1 and 2 to forthwith give police protection to the petitioner to have access to her house and her agricultural property in Survey No.40 at Vazhakuttapatty Village, Mookuthipalayam, Salem South Taluk, Salem District.

For Petitioner : Mr.K.Selvaraj For R1 and R2 : Mr.A.Gopinath Government Advocate (Crl. Side)

O R D E R

This Criminal Original Petition has been filed seeking police protection based on the complaint given by the petitioner on 05.01.2023.. 2.The petitioner is basing her right on the Civil Court's decree passed in O.S.No.1679 of 1984 and A.S.No.187 of 1989. That apart, the petitioner is also placing reliance upon the patta that was granted in her favour in Patta No.330. The petitioner gave the complaint to the respondent Police to the effect that the private respondents are interfering with the possession and enjoyment of the property and causing threat to the petitioner and the same was taken on file in C.S.R.No.506 of 2022.

3.Learned Government Advocate (Crl. Side), on instructions, submitted that, enquiry was conducted in C.S.R.No.506 of 2022 and based on the undertaking given by the private respondents that they will not interfere with the petitioner's possession and enjoyment of the property, the same was closed.

4.It is made clear that the complaint was closed by the respondent Police based on the undertaking given by the private respondents that they will not interfere with the rights of the petitioner. If in future, any such attempt is made by the private respondents, the respondent Police shall take immediate action in accordance with law.

5.This Criminal Original Petition is disposed of in the above terms. 19.07.2023 mkn To 1.The Superintendent of Police, Salem District, Salem.

2.The Inspector of Police, Mallur Police Station, Mallur, Salem District.

3.The Public Prosecutor, High Court, Madras.

N. ANAND VENKATESH , J.

mkn 19.07.2023