K.Kumar v. The Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.01.2016

CORAM

THE HONOURABLE MR. JUSTICE R.SUBBIAH Crl.O.P.No.1390 of 2016

1. K.Kumar

2. M.Kowsalya

3. B.Suganthy

4. P.Purshothaman

5. V.Panjali

6. D.Dhanasekar ... Petitioners Vs

1. The Superintendent of Police, Villupuram District.

2. The Deputy Superintendent of Police, Thiruchitrambalam Koot Road, Villupuram District.

3. The Inspector of Police Vanur Police Station, Vanur Taluk, Villupuram District. .. Respondents Criminal Original Petition filed under Section 482 Cr.P.C. to direct the respondent police to provide adequate protection to the petitioners' life and their property, pursuant to judgment and decree dated 19.08.2015 passed in O.S.No.82 of 2014 on the file of District Munsif Court at Vanur.

For Petitioners :

Mr.R.Veeramani For Respondents :

Mr.C.Emalias, Additional Public Prosecutor.

O R D E R

This petition has been filed to direct the respondent police to provide adequate protection to the petitioners' life and their property, pursuant to judgment and decree dated 19.08.2015 passed in O.S.No.82 of 2014 on the file of District Munsif Court at Vanur.

2. The land in Survey No.192/2 to 9 Semamngalam Village and Post, Vanur Taluk, Villupuram District, were assigned in favour of the petitioners vide proceedings of Assistant Commissioner (Land Reforms), Villupuram A6/M.R.4/1/Vanur dated 16.03.2009. The erstwhile assignees committed breach of conditions. Owing to the same, the said assignments were cancelled after due notice vide proceedings of the Assistant Commissioner of Land Reforms, Villupuram in A6/MRIV/dated 03.04.2009.

Thereafter, the Assistant Commissioner, after following due process and public notice, issued orders of assignment in favour of the petitioners vide his proceeding Na.Ka.A1/MR IV/437/ dated 23.01.2013. These petitioners have put their hard labour to bring the land a cultivable one. They are in peaceful possession and enjoyment over the property. While so, there was continuous disturbance and interference by the erstwhile assignees. Hence, the petitioners filed a suit in O.S.No.82 of 2014 before the District Munsif Court at Vanur and interim injunction was granted in favour of the petitioners. Since the defendants had no defence, they did not contest the suit . Hence, the suit was decreed on 19.08.2015 in favour of the petitioners. Inspite of that, there is continuous disturbance by the erstwhile assignees. Hence, the petitioners made representation to the respondent police for police protection. The same was not considered. Hence, the present petition has been filed.

3. Heard the learned counsel for the petitioners and the learned Additional Public Prosecutor appearing for the respondents.

4. Considering the facts and circumstances of the case, this Court directs the petitioners to give a fresh representation to the 3rd respondent along with a copy of this order. On receipt of the same, the 3rd respondent police is directed to consider the same by affording opportunity of hearing to the petitioner as well as necessary parties concerned and pass appropriate orders with regard to providing police protection as expeditiously as possible.

5. The criminal original petition is disposed of accordingly.

-sd/- ASSISTANT REGISTRAR / TRUE COPY / Sub-Assistant Registrar vsi

To

1. The Superintendent of Police, Villupuram District.

2. The Deputy Superintendent of Police, Thiruchitrambalam Koot Road, Villupuram District.

3. The Inspector of Police Vanur Police Station, Vanur Taluk, Villupuram District.

4.The Public Prosecutor, High Court, Madras.

+1 cc to MR.R.VEERAMANI ADVOCATE SR.NO. 3808 Crl.O.P.No.1390 of 2016 KK[CO] RD 05/02/16 22.01.2016