Susheela Surya Prakash v. The Superintendent Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 12.03.2024
CORAM
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Crl.O.P. No.5944 of 2024 Susheela Suryaprakash
...Petitioner
Vs 1.The Superintendent of Police, Vellore District, Vellore.
2.The Inspector of Police, Katpadi Police Station, Vellore.
3.Ms.Baby 4.Ms.Tamizharasi 5.Mrs.S.Muthammal 6.Mrs.G.Umarani 7.Mr.S.Gunaseelan 8.Mr.S.Mohan 9.Mrs.A.Suseela 10.Mr.K.Chinnaraj 1/6
11.Mr.K.Chinnadurai ... Respondents PRAYER : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the 1st and 2nd Respondent to provide police Protection to the petitioner to put up fence in the land measuring 7 cents, comprised in Old Survey No.593/2 and 593/2A, presently in New Survey No.593/2A/2 of Katpadi Village and Taluk, Vellore District. For Petitioner : Mr.V.Raghavachari Senior Counsel for Mr.P.S.Prabu For Respondents : Mr.A.Damodaran Additional Public Prosecutor for R1 and R2
O R D E R
This criminal original petition has been filed to direct the 1st and 2nd Respondent to provide police Protection to the petitioner to put up fence in the land measuring 7 cents, comprised in Old Survey No.593/2 and 593/2A, presently in New Survey No.593/2A/2 of Katpadi Village and Taluk, Vellore District.
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2.Learned Additional Public Prosecutor appearing for respondents 1 & 2 submitted that on the representation of the petitioner, no current paper or CSR has been assigned till date and a decision will be taken on the petitioner's representation dated 02.02.2024 at the earliest. 3.In view of the submission made by learned Additional Public Prosecutor, this petition is disposed of directing the second respondent to deal with the petitioner's representation dated 02.02.2024 in line with the judgment passed in O.S.No.379 of 1978 dated 27.03.1980 and LPA No.33 of 1987 dated 15.12.1989 and the subsequent proceedings in EP No.94 of 1990 dated 13.08.1991 and take a decision on the same, within a period of two (2) weeks from the date of receipt of a copy of this order. With the above direction, this Writ Petition is disposed of. No costs. 12.03.2024 Index : Yes/No Speaking order:Yes/No ssr 3/6
N.ANAND VENKATESH, J ssr To 1.The Superintendent of Police, Vellore District, Vellore.
2.The Inspector of Police, Katpadi Police Station, Vellore.
3.The Public Prosecutor, High Court, Madras.
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Crl.O.P.No.5944 of 2024 N.ANAND VENKATESH,J.
The matter was listed under the caption 'for being mentioned' today.
2.The learned Additional Public Prosecutor appearing on behalf of the respondent Police submitted that whenever the Police accompany the petitioner for fencing the property, the rival parties are disrupting the same and they are also threatening to commit self immolation. Therefore, the learned Additional Public Prosecutor submitted that some positive directions are required in this case to enable the Police to proceed further.
3.It is seen from the records that the civil proceedings in this case had ended in favour of the predecessor in interest of the purchaser upto the Apex Court. All the relevant judgments/ orders were also placed before this Court. In view of the same, the successor in interest cannot be prevented in protecting the property and enjoying the same by fencing the property. Just because there is 5/6
a N.ANAND VENKATESH,J.
pri threat by the rival parties to commit self immolation, that cannot be a ground to prevent the fencing of the property. 4.In view of the same, there shall be a positive direction to the second respondent to provide Police protection to the petitioner to enable the petitioner to fence the subject property. If there is any disruption or any law and order problem is created, it is left open to the respondent Police to take action in accordance with law. 5.The above order shall form part of the order passed on 12.03.2024.
21.03.2024 pri Crl.O.P.No.5944 of 2024 6/6