Allimuthu v. The Commissioner Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 10.04.2019

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN CRL.O.P.No.9708 of 2019 Allimuthu ... Petitioner Vs 1.The Commissioner of Police, Chennai City.

2.The Inspector of Police, K6-TP Chatram Police Station, Chennai.

3.Palayam ... Respondents PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, to direct the 2nd respondent to provide adequate Police protection to the petitioner and his family members from the harassment of 3rd respondent and his men by considering the representation dated 08.03.2019 preferred by the petitioner to the 1st respondent.

For Petitioner : Mr.S.Mohamed Ansar For Respondents: Mr.C.Raghavan Government Advocate(Crl.Side)

O R D E R

This Criminal Original Petition has been filed seeking for a direction to the 2nd respondent to provide adequate Police protection to the petitioner and his family members by considering the petitioner's representation dated 08.03.2019. 2.The learned counsel for the petitioner would submit that the petitioner's father is the owner of the house. After demise of the petitioner's father, the petitioner is residing in the above said premises. The 3rd respondent filed a suit for partition, before the learned IV Assistant City Civil Court, Chennai, in O.S.No.909 of 2017, and no interim injunction was granted in his favour and the same is pending. In the meantime, due to heavy rain and flood, roof and walls of the house were https://hcservices.ecourts.gov.in/hcservices/

damaged. While, the petitioner removed the damaged asbestos sheets from the roof for renovation, the 3rd respondent threatened the petitioner and his family members not to renovate the roof. Therefore, the petitioner approached the 2nd respondent to provide police protection for renovation. But no action was taken as against the 3rd respondent. Hence, the petitioner approached the 1st respondent to initiate necessary action against the 2nd respondent. But till date no action has been taken by the 1st respondent police. Hence, the petitioner has filed the present petition with aforesaid prayer. 3.Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.Side) for the 1st and 2nd respondents.

4.Considering the above facts and circumstance of the case, the second respondent is directed to consider the petitioner's complaint dated 08.03.2019 and conduct an enquiry with the counter party and pass orders on merits in accordance with law within a period of two weeks from the date of receipt of a copy of this order.

5.With the above direction, these Criminal Original Petition is disposed of.

mpa/vsn Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar To 1.The Commissioner of Police, Chennai City.

2.The Inspector of Police, K6-TP Chatram Police Station, Chennai.

3. The Public Prosecutor, High Court of Madras.

+1cc to Mr.S.Mohamed Ansar, Advocate, SR.No.35280 CRL.O.P.No.9708 of 2019 Kak(27/05/2019) https://hcservices.ecourts.gov.in/hcservices/