Usha Chandra Mohan, v. Sate Rep. By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 06.07.2021

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI Crl.O.P.No.16436 of 2018 Usha Chandra Mohan ... Petitioner Vs.

1. State represented by The Commissioner of Police, Greater Chennai, Vepery, Chennai - 600 007.

2. The Assistant Commissioner of Police, Avadi Range, Chennai

3. The Inspector of Police, Avadi Tank Factory Police Station, Avadi, Chennai - 600 054.

4. Paramasivam ... Respondents Prayer: This Criminal Original Petition filed under Section 482 Cr.P.C. to direct the first and second respondent to give police protection to the petitioners life and property against the illegal activities of the accused persons in the complaint (CSR No.175 of 2018) given by her dated 08.04.2018 pending on the file of the third respondent.

For Petitioner : Mr.R. Vivekananthan For Respondents : Mr.A. Gopinath Government Advocate(Crle Side)

ORDER

This petition is filed to give police protection to the petitioners life and property against the illegal activities of the accused persons in the complaint (CSR No.175 of 2018) given by her dated 08.04.2018 pending on the file of the third respondent.

2. The case of the petitioner is that the petitioner had purchased a property bearing plot No.10, measuring to an extent of 2400 sq.ft comprised in Survey No.498/4 and 510/1 as per

layout known as Annai Kamala Nagar, situated at Ambattur vide document No.8230 of 2009 ( S.R.O.Avadi) for a sale consideration of Rs.1,92,000/- Thereafter, she has constructed a small residential hut, cement floored to an extent of 180 Sqft. On 23.09.2015 when the petitioner was taking photocopies of the original documents of the said property she lost the documents. Immediately she lodged a complaint before the Inspector of Police Avadi, who inturn after due investigation and search over the same on 15.02.2016 had issued a Non-Traceable certificate Vide Rsf.RC.No.1435/PUB/CRB/2016.

3. The further case of the petitioner is that on 05.04.2018 at about 11.00 p.m two identifiable persons came to her residence and introduced themselves as one Murugesan and one Paramasivam and informed her that she had mortgaged the property bearing plot No.10, measuring to an extent of 2400 sq.ft comprised in Survey No.498/4 and 510/1 to one Paramasivam for a sum of Rs.6,00,000/- and insisted her to pay off the alleged mortgage amount of Rs.6,00,000/-. Therefore, the petitioner filed a complaint against the 4th respondent /Paramasivam before the 3rd respondent police who had issued a CSR 175 of 2018 on 08.04.2018

4. After lodging the complainant the accused persons demolished the house of the petitioner and illegally trying to dispose her from her property. Immediately she lodged a complaint before the 1st respondent police in C.No.764/COP/Visitors/2018 dated 11.04.2018.

5. The learned counsel for the petitioner submits that despite lodging complaint no action was taken by the respondent police against the illegal land grabbers, which lead to filing of the present petition and prays this Court to give police protection to the petitioners life and property against the illegal activities of the accused persons.

6. In the above facts and a complaint having already been filed by the petitioner, there shall be a direction to the 3rd respondent to consider the petitioner's complaint in C.No.764/COP/Visitors/2018 dated 11.04.2018 on its own merits and pass orders in accordance with law within a period of four weeks from the date of receipt of copy of this order.

7. The Criminal Original petition is disposed of with the above direction.

Sd/- Assistant Registrar(CS IX) //True Copy// Sub Assistant Registrar smn

To 1.

The Commissioner of Police, Greater Chennai, Vepery, Chennai - 600 007.

2.

The Assistant Commissioner of Police, Avadi Range, Chennai 3.

The Inspector of Police, Avadi Tank Factory Police Station, Avadi, Chennai - 600 054.

Crl.O.P.No.16436 of 2018 UM(CO) GMY(06/08/2021)