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Madras High CourtCRL OP/10852/2022disposed of

A.P.Padmapraban v. The Superintendent Of Police

2022-06-07Honourable Mr Justice N. Sathish Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.06.2022

CORAM

THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR CRL.O.P.NO.10852 OF 2022 A.P.Padmapraban ... Petitioner .Vs.

1. The Superintendent of Police, Office of the Superintendent of Police, Thiruvannamalai,

2. The Inspector of Police, Peranamallur Police Station,

3. The Sub Inspector of Police, Peranamallur Police Station,

4. Palani ... Respondents PRAYER:- This Criminal Original Petition filed under Section 482 Cr.P.C. to direct the 2nd and 3rd respondents to provide Police Protection based on the representations given by the petitioner on 14.02.2022 to place the board in the property comprised in S.No.392/9A, Thiruvannamalai District, Chetpet Taluk, Periya Kozhapalur Village admeasuring 0.78 cents belonging to the petitioner's sons namely Appandaraj and Jinakumar for disclosing the owner of the property to avoid further litigation. For Petitioner : M/s.V.Pushpalatha For Respondents : Mr.A.Gokulakrishnan Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed to direct the 2nd and 3rd respondents to provide Police Protection based on the representations given by the petitioner on 14.02.2022 to place the board in the property comprised in S.No.392/9A, Thiruvannamalai District, Chetpet Taluk, Periya Kozhapalur Village admeasuring 0.78 cents belonging to the petitioner's sons namely Appandaraj and Jinakumar for disclosing the owner of the property to avoid further litigation.

2. Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing on behalf of the respondent.

3. Though a direction is sought in respect of the immovable property, learned counsel for the petitioner submits that the decree in O.S.No.28 of 2016 is in favour of the petitioner's sons and an Execution Petition has also been filed in OEP.No.147 of 2018, which is pending on the file of the learned Subordinate Judge, Cheyyar, Thiruvannamalai District. Despite the pendency of the Execution Petition, the 4th respondent is causing disturbance to the possession.

4. As the Execution Petition is pending, the petitioner is at liberty to file an application before the Execution Court for police protection. On such petition is filed, the learned Subordinate Court shall consider the same on merits and pass orders in accordance with law.

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

Sd/- Assistant Registrar(CS V) //True Copy// Sub Assistant Registrar rgi/shk To 1.

The Superintendent of Police, Office of the Superintendent of Police, Thiruvannamalai,

2.

The Inspector of Police, Peranamallur Police Station, 3.

The Sub Inspector of Police, Peranamallur Police Station, 4.

The Public Prosecutor, Madras High Court, Chennai.

+2ccs to M/s.V.Pushpalatha, Advocate, S.R.No.32276 CRL.O.P.NO.10852 OF 2022 RSV(CO) PBS/14/06/2022