Mr.Duraikannan v. The Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 19.08.2015 C O R A M THE HONOURABLE Mr.JUSTICE P.N.PRAKASH Crl.O.P.No.20677 of 2015 Duraikannan
...Petitioner
Vs.
1.The Inspector of Police R6, Kumaran Nagar Police Station, Chennai.
2.The Commissioner of Police, Greater Chennai, Vepery, Chennai - 600 007. ... Respondents PRAYER: Criminal Original Petition is filed under Section 482 of Cr.P.C to direct the first respondent herein to give adequate police protection for taking possession of the property described in the petition hereunder pursuant to the orders of the Learned Chief Metropolitan Magistrate, Egmore, Chennai 600 008 dated 20.05.2015 in Crl.MP.No.2093 of 2015 with break open if necessary. For Petitioner : Mr.AR.L. Sundaresan Senior counsel for Ms.Ganthimathi For Respondents : Mr.C. Emalias Addl. Public Prosecutor
O R D E R
This criminal original petition has been filed to direct the first respondent to give adequate police protection for taking possession of the property described in the petition pursuant to the orders of the Learned Chief Metropolitan Magistrate, Egmore, Chennai 600 008 dated 20.05.2015 in Crl.MP.No.2093 of 2015 with break open if necessary.
2. The learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the respondents.
3. It is seen that the petitioner has been appointed as Advocate Commissioner by the Chief Metropolitan Magistrate, Egmore, Chennai, https://hcservices.ecourts.gov.in/hcservices/
by an order dated 20.05.2015 in Crl.M.P.No.2093 of 2015 to take possession of the property at Plot No.148, Door No.50A, Thiruvallurvar Street, Ethiraj Nagar, West Mambalam, Chennai - 600
033. This order has been passed by the Chief Metropolitan Magistrate, Egmore, Chennai, under the provision of the Securitisation Act. It is the case of the petitioner that some persons claiming themselves to be advocates are preventing him from executing the lawful warrant issued by the Court. Under Section 21 of the Tamil Nadu District Police Act, 1859. It is the duty of the police to execute all lawful warrants issued by the Courts. In view of the fact that the petitioner has to perform his lawful duties, the respondent police is directed to provide sufficient assistance to the petitioner to execute the warrant and take steps to remove the illegal encroachers if any.
With the above direction, the criminal original petition is ordered accordingly.
Sd/- Assistant Registrar True Copy Sub Assistant Registrar sms To 1.The Inspector of Police R6, Kumaran Nagar Police Station, Chennai.
2.The Commissioner of Police, Greater Chennai, Vepery, Chennai - 600 007.
3.The Public Prosecutor, High Court, Madras.
2 cc to Mr.AL.Gandhimathi, Advocate Sr.No.44356 Crl.O.P.No.20677 of 2015 gr(co) pmk.25.8.2015 https://hcservices.ecourts.gov.in/hcservices/