S.P.P.Rajamanickam v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 11.03.2019

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.6402 of 2019 S.P.P.Rajamanickam .. Petitioner Vs.

1.The Superintendent of Police, Superintendent Office, Villupuram District.

2.The Inspector of Police, Chinna Salem Police Station, Villupuram District.

.. Respondents Prayer:- Criminal Original Petition filed under Section 482 Cr.P.C. to direct the respondent to provide Police protection to the petitioner and his family members for harvesting sugarcane in their property.

For Petitioner : Mr.V.Thillai Kumar For Respondents : Mr.M.Mohamed Riyaz Addl. Public Prosecutor

O R D E R

This petition has been filed seeking for police protection.

2. The learned counsel for the petitioner would submit that the petitioner is an agriculturalist and owning 7 acres of land. The petitioner had borrowed loan from IDBI bank to the tune of Rs.23Lakhs and to redeem the same, he mortgaged the land to one Mohan and obtained Rs.1,03,00,000/- and accepted to pay a monthly interest of Rs.3,09,000/- and the possession of the land was vested with the petitioner. Whileso, when the petitioner cultivated sugarcane and was about to harvest, the said Mohan threatened the petitioner that the land belongs to him and he has the only right to cultivate and harvest and threatened the petitioner. Hence, the present petition with the aforesaid prayer.

3. The learned Additional Public Prosecutor would submit that the respondent police cannot give police protection in a case of this nature, since, it is a money dispute between the petitioner and one Mohan.

4. Heard Mr.V.Thillai Kumar learned Counsel for the petitioner and Mr.M.Mohammed Riyaz, learned Additional Public Prosecutor for the respondents police. https://hcservices.ecourts.gov.in/hcservices/

5. Considering the facts and circumstances of the case, this Court without going into the merits of the case, directs the second respondent to conduct enquiry with the counter part and pass orders on merits and in accordance with law within a period of two weeks from the date of receipt of copy of this order.

6. Accordingly, this Criminal Original Petition is disposed of.

Sd/- Assistant Registrar(CS) //True Copy// Sub Assistant Registrar rri/rm To 1.The Superintendent of Police, Superintendent Office, Villupuram District.

2.The Inspector of Police, Chinna Salem Police Station, Villupuram District.

3.The Public Prosecutor, High Court, Madras.

+1cc to Mr. V.Thillai Kumar, Advocate SR.No. 22325 Crl.O.P.No. 6402 of 2019 A.SK(19/03/2019) https://hcservices.ecourts.gov.in/hcservices/