Munusamy v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20.04.2022

CORAM

THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.No.8917 of 2022 Munusamy ... Petitioner Vs.

1.The State Rep. by The Superintendent of Police, Ranipet.

2.The Inspector of Police, Kalavai Police Station, 3.Nathaikannan 4.Mahendiran

...Respondents

PRAYER: The Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure, to direct the second respondent police to give police protection to the petitioner from the illegal attempt and threat of the third and fourth respondents and their henchmen and preventing him from not to interfere with the peaceful possession and enjoyment of the petitioner's landed property in Survey No.570/1 to the extent of 0.60.00 acres situated at Chennasamundaram Village, Arcot Taluk, Vellore District.

For Petitioner : Mr.E.Kannadasan For Respondents : Mr.A.Gokulakrishnan for R1 and R2, Additional Public Prosecutor.

O R D E R

This Criminal Original Petition has been filed seeking for a direction to the second respondent police to give police protection to the petitioner from the illegal attempt and threat of the third and fourth respondents and their henchmen and preventing him from not to interfere with the peaceful

possession and enjoyment of the petitioner's landed property in Survey No.570/1 to the extent of 0.60.00 acres situated at Chennasamundaram Village, Arcot Taluk, Vellore District.

2. It is the case of the petitioner that the petitioner is the owner of the land in Survey No.570/1 to the extent of 0.60.00 acres situated at Chennasamundaram Village, Arcot Taluk, Vellore District. While the petitioner attempted to fix his boundaries, the respondents 3 and 4 are creating trouble in erecting the fences. The third and fourth respondents had filed a suit for permanent injunction against the petitioner and his brother before the learned District Munsif Court, Arcot, Vellore Distrcit in O.S.No61 of 2016 along with Injunction application in I.A.No.203 of 2016 and the learned District Munsif Court, Arcot, Vellore District, the same were dismissed on 24.02.2017. Thereafter, the third and fourth respondents along with the henchmen are continuously disturbing the petitioner from peaceful possession of his property. Due to which, the petitioner had sent a representation to the first respondent on 17.03.2022. However, no action has been taken by the first respondent. Thereby, the present petition has been filed seeking for a police protection.

3. Mr.A.Gokulakrishnan, learned Additional Public Prosecutor would submit that there is a civil dispute pending between the petitioner and the third & fourth respondents. He would submit that the third and fourth respondents would be summoned and due enquiry would be conducted and if necessary, adequate police protection would be provided to the petitioner.

4. Recording the submission made by the learned Additional Public Prosecutor, direction is issued to the second respondent to conduct proper enquiry and afford protection to the petitioner, if necessary.

5. With the above direction, this Criminal Original Petition stands disposed of.

Sd/- Deputy Registrar //True Copy// Sub Assistant Registrar shk/sai To 1.The Superintendent of Police, Ranipet.

2.The Inspector of Police, Kalavai Police Station, 3.The Public Prosecutor, High Court of Madras.

+1cc to Mr.E.Kannadasan, Advocate Sr.26867 Crl.O.P.No.8917 of 2022 sv[co] srg 02/05/2022