Madras High CourtCRL OP/29028/2015disposed of

V.Ramasamy @ Venkatraman v. The Inspector Of Police

2015-12-08Honourable Mr Justice R.Subbiah2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.12.2015

CORAM

THE HONOURABLE MR. JUSTICE R.SUBBIAH Crl.O.P.No.29028 of 2015

1. V.Ramasamy @ Venkatraman

2. Dhanalakshmi ... Petitioners Vs

1. The Inspector of Police, Thirukoilur

2. Marisamy

3. Jayaraman ... Respondents Criminal Original Petition filed under Section 482 Cr.P.C. to direct the 1st respondent police to give police protection to the petitioners and the property in Survey No.151/2- 0.20.0 acres situated at Aalur Village Tirukoilur Taluk so as to enable the 1st petitioner and his purchasers to peacefully enjoy the property. For Petitioners: Mr.N.Suresh For respondents: Mr.C.Emalias, Addl.Public Prosecutor.

O R D E R

The present criminal original petition has been filed seeking a direction to the 1st respondent police to give police protection to the petitioners and the property in Survey No.151/2- 0.20.0 acres situated at Aalur Village Tirukoilur Taluk.

2. In the petition, it has been stated that the 1st petitioner is the absolute owner of the property in Survey No.151/2-0.20.0 acres situated at Aalur Village, Thirukoilur Taluk and he purchased the same on 20.02.2013 from the rightful owner V.Natarajan. The said V.Natarajan is the brother of the 1st petitioner. He is the absolute owner of the property and other properties. He filed a civil suit in O.S.No.24 of 1988 on the file of the learned District Munsif, Thirukoilur against the father of respondents 2 and 3 and the suit ultimately decreed in favour of the said V.Natarajan and the same was upheld until Hon'ble Supreme Court of India. The said V.Natarajan obtained delivery of the properties through court in E.P.No.153 of 2011 on 08.02.2013. Now the respondents 2 and 3, who are the sons of Ranganatha Kounder are creating problem. In fact they are not allowing https://hcservices.ecourts.gov.in/hcservices/

the purchasers of the property to enjoy the property peacefully and they have illegally removed all the measurement sticks and other things and with a criminal intention attempted to attack the petitioners. Hence the petitioners have come forward with this petition to direct the 1st respondent to give police protection to the petitioners and the property in Survey No.151/2-0.20.0 acres situated at Aalur Village, Thirukoilur taluk.

3. I heard the learned counsel appearing for the petitioners and the learned Additional Public Prosecutor appearing for the respondents.

4. Considering the facts and circumstances of the case and submissions on either side, the petitioners are directed to give detail representation to the 1st petitioner seeking police protection within a period of one week from the date of receipt of copy of this order and the 1st respondent police is directed to consider the said representation after issuing notice to all the necessary parties and thereafafter by affording personal hearing to them pass an appropriate orders with regard to providing police protection within a period of two weeks thereafter.

5. This Criminal Original petition is disposed of accordingly. Ssd Sd/- Assistant Registrar (CO) /True Copy/ Sub-Assistant Registrar To

1. The Inspector of Police, Thirukoilur

2. The Public Prosecutor, High Court, Madras.

+1 C.C. To MR.N.Suresh, Advocate in SR.NO.65925 Crl.O.P.No.29028 of 2015 AR(CO) sd : 14/12/2015 https://hcservices.ecourts.gov.in/hcservices/