K.Rajendran v. The District Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12.04.2022

CORAM

THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.No.8344 of 2022 K.Rajendran ... Petitioner Vs.

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

2.The Inspector of Police, Vridhachalam Police Station, Vridhachalam, Cuddalore District.

3.R.Jaya ... Respondents PRAYER: The Criminal Original Petition is filed under Section 482 of Code of Criminal Procedure, to direct the respondents to provide necessary police protection to the life and limbs of the petitioner, on the basis of the representation of the petitioner dated 12.01.2022.

For Petitioner : Mr.K.Selvaraj For Respondents : Mr.V.Meganathan for R1 to R2, Government Advocate (criminal side)

O R D E R

The Criminal Original Petition has been filed seeking for a direction to the respondents to provide necessary police protection to the life and limbs of the petitioner, on the basis of the representation of the petitioner dated 12.01.2022.

2. The case of the petitioner is that one R.Jaya, wife of Ravi had encroached the road portion in T.S.No.8, Block No.50, Ward-'E" and constructed a house on the road itself. The petitioner had filed a Writ Petition in W.P.No.14474 of 2021 before this Court and this Court by order dated 16.07.2021 directed the Authorities viz., the Vridhachalam Municipality and

the Tahsildar, Vridhachalam to remove the encroachment on the road after affording a reasonable opportunity to the petitioner and the encroacher. The Authorities have conducted a Field Inspection and granted sufficient opportunity to the petitioner as well as to the encroacher and issued Notice of Eviction to the encroacher. However, the encroacher without complying with the order of eviction has started to threaten the petitioner and had challenged that if the petitioner takes further action to remove the said encroachment, they would murder the petitioner and they would also endanger the lives of the petitioner's family. Fearing danger, the petitioner had sent a representation to the respondents police seeking for a police protection, however, no action has been taken by the respondents police. Thereby, the present petition has been filed seeking for a police protection.

3. Mr.V.Meganathan, learned Government Advocate (crl.side) would submit that dispute is pending between the petitioner and the third respondent with regard to clearing of encroachment. He would submit that the Municipality Authorities had issued notice of eviction. In the event of Municipality Authorities seeking for Police Protection for eviction, the respondents police will provide required protection to the Municipality Authorities. In the event of any threat by the third respondent, respondents police will call the third respondent for enquiry and appropriate action will be taken by the respondents police.

4. Recording the above submission of the learned Government Advocate (crl.side), this Criminal Original Petition is disposed of.

Sd/- Assistant Registrar(CCC) // True Copy // Sub Assistant Registrar shk/sai To 1.The District Superintendent of Police, Cuddalore District, Cuddalore.

2.The Inspector of Police, Vridhachalam Police Station, Vridhachalam, Cuddalore District.

3.The Public Prosecutor, High Court of Madras.

+1cc to Mr.K.Selvaraj, Advocate SR.No.25152 Crl.O.P.No.8344 of 2022 MT(CO) CB(29/04/2022)