Nachimuthu Gounder v. State By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 14.12.2015

CORAM

THE HONOURABLE MR. JUSTICE R.SUBBIAH Crl.O.P.No.28699 of 2015 Nachimuthu Gounder

...Petitioner

Vs 1.State by, The Superintendent of Police, 2.State by The Deputy Superintendent of Police, Udumalpet, 3.State by The Inspector of Police, Madathukulam Police Station,

...Respondents

Criminal Original Petition filed under Section 482 Cr.P.C. to direct the third respondent police to give police protection in accordance with the Civil Court order. For Petitioner :

Mr.C.Selvaraj For respondents :

Mr.C.Emalias Additional Public Prosecutor

O R D E R

The petition has been filed to direct the third respondent police to give police protection in accordance with the Civil Court order.

2. The petitioner herein owns agricultural land at Sangaramanallur village, Kumaralingam. The adjacent land owners,Mr.Chinnu @ Nachimuthu, Mr.Mahalingam, Mr.Chinnadurai, Ms.Chinna Paapal, Ms.Palaniyammal and Ms.Chellammal are disturbing the peaceful possession and enjoyment of the agricultural land by trespassing into the petitioner's land and damaging the cultivations. Hence, the petitioner filed a suit in O.S.No.77 of 2013 with interim application in I.A.Nos.177 and 179 of 2013 before the District Munsif, Udumalpet, and

obtained an order of interim injunction on 21.02.2013 as against the said persons. Inspite of the said order, on 09.09.2013, the above said persons trespassed into the agricultural land and removed the underground cable wire and damaged the cultivation. Hence, the petitioner filed an application in I.A.No.1653 of 2014 in O.S.No.77 of 2013 before the District Munsif, Udumalpet, to provide police protection and the same was ordered on 13.08.2105 with a direction to the third respondent to give police protection. But, the third respondent failed to provide police protection. When the petitioner approached the 3rd respondent with the certified copy of the said order, they failed to give protection. Hence, the petitioner gave a representation to the same Civil Court and the said Court has also sent intimation to the 3rd respondent. Inspite of the same, the 3rd respondent failed to provide police protection. Hence, the petitioner has come forward with the present petition.

3. Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the respondents.

4. Considering the facts and circumstances of the case, the petitioner is directed to give a fresh representation along with a copy of this order within a period of one week from the date of receipt of a copy of this order and the 3rd respondent is directed to pass appropriate orders with regard to providing of police protection within a period of two weeks thereafter, after affording an opportunity of personal hearing to the petitioner.

5. The criminal original petition is disposed of accordingly.

Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar vsi/cla To 1.The Superintendent of Police, 2.The Deputy Superintendent of Police, Udumalpet,

3. The Inspector of Police, Madathukulam Police Station,

4. The Public Prosecutor, High Court, Madras.

+ 1 cc to Mr.C. Selvaraj, Advocate SR.67120 Crl.O.P.No.28699 of 2015 VGI(CO) Eu 11.1.16