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Madras High CourtCRL OP/21836/2017ordered

Santha Ammal (Age 82 Years) v. The Superintendent Of Police,

2017-12-13Honourable Mr Justice M.S. Ramesh4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 13.12.2017

CORAM:

THE HONOURABLE MR. JUSTICE M.S.RAMESH Crl.O.P.No.21836 of 2017 and Crl.M.P.No.13793 of 2017 Santha Ammal ...

Petitioner Vs.

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

2. The State Rep by Inspector of Police, Chidambaram Town Police Station, Cuddalore District.

3. Ramalingam @ Subbu Ramalingam

4. Sridharan (R3 and R4 are impleaded as per the order of this Court dated 10.11.2017 made in Crl.M.P.No.13793 of 2017 in Crl.O.P.No.21836 of 2017) ...

Respondents PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. praying to direct the respondent's police to give adequate protection to the petitioner and his family members.

For Petitioner :

M/s.N.Chinnaraj For Respondents :

Mr.C.Iyyappa Raj Additional Public Prosecutor for R1 and R2 No Appearance for R3 and R4

ORDER

No representation for the respondents 3 and 4. The grievance of the petitioner is that though he has given a representation seeking for police protection, the first respondent has not acted upon the same. He has filed the present petition seeking for direction.

2. According to the learned counsel for the petitioner, the subject property bearing Door Nos.29 and 29-A, Karaikattu Chokkalingam Street, Chidambaram Town belongs to him and his possession and title had been directed by a final decree in I.A.No.320 of 2008 in O.S.No.34 of 1990 dated 16.11.2011. In view of the same, the respondents 3 and 4 are disturbing and creating problems in her peaceful possession and enjoyment. The petitioner had the benefit of Civil Court's decree in O.S.No.34 of 1999, dated 16.11.2011. Hence, it would be appropriate to direct the

second respondent to consider the petitioner's request for extending police protection. Consequently, the petitioner is granted liberty to approach the second respondent, seeking for necessary protection and by making an appropriate application. On receipt of such application, the second respondent shall consider the same in the light of the Civil Court's Decree in her favour and pass appropriate orders, within a period of two weeks from the date of receipt of a copy of this order. The second respondent shall also give an opportunity to the 3rd and 4th respondents herein while passing such an order.

The Criminal Original Petition is ordered accordingly. 13.12.2017 Index:Yes/No Internet: Yes/No dh

M.S.RAMESH.J., dh To

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

2. The Inspector of Police, Chidambaram Town Police Station, Cuddalore District.

3.The Public Prosecutor, High Court, Madras.

Crl.O.P.No.21836 of 2017 13.12.2017