Pushpa v. The State Rep By Its,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 09.05.2023

CORAM

THE HONOURABLE MR. JUSTICE K.KUMARESH BABU

1. Pushpa

2. Meena

3. Saranya

4. Gayathri

5. Sumithra

6. Umashankar

7. Visalakshi ... Petitioners Vs.

1. The Superintendent of Police, Dharmapuri District, Dharmapuri - 636 701.

2. The Deputy Superintendent of Police (Law and Order), Palacode, Dharmapuri District - 636 808.

3. The Inspector of Police, Palacode Police Station, Dharmapuri District - 636 808.

4. P.G.Murugesan 1/7

5. S.R.Sivashanmugam

6. Palamuthu

7. Murugan ... Respondents PRAYER : Criminal Original Petition filed under Section 482 of Cr.P.C., pleased to direct respondents 1 to 3 to grant police protection to the petitioners and their property situated at S.No.222/1, S.No.283/3 and S.No.238, Thandukaranahalli Village, Palacode Taluk, Dharmapuri District as per the complaint dated 28.02.2024.

For Petitioners :

Mr.S.C.Viswanth For R1 to R3 :

Mr.L.Baskaran Government Advocate (Criminal Side)

O R D E R

This Criminal Original Petition is filed for directing respondents 1 to 3 to grant police protection to the petitioners and their properties situated at S.No.222/1, S.No.283/3 and S.No.238, Thandukaranahalli Village, Palacode Taluk, Dharmapuri District based on the complaint given by the petitioners on 28.02.2024.

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2. The submissions of the learned counsel appearing for the petitioner are as follows:

2.1. The learned counsel for the petitioner submitted that the property situated in S.No.222/1, S.No.283/3 and S.No.238, measuring an extent of 7.53 acres are the ancestral property of the petitioners which originally belongs to petitioners grandfather. After his death, the petitioners 1 to 6 are in possession and enjoyment of the property. Thereafter, the paternal aunt of 1st to 6th petitioners, the seventh petitioner filed the suit for partition and separate possession of her share in the Joint Family properties in OS.No.02/2009. 2.2. He further submits that the 2nd and 3rd respondent had obtained legal opinion of the interim stay in MP.No.1/2012 in A.S.No.1019 of 2012 from the District Government Pleader, Dharmapuri. However, the petitioners further states that the private respondents though prevented by the interim stay had interfered the petitioners peaceful possession. Hence, he has filed the criminal original petition.

3. The learned Government Advocate (Crl.side) appearing for the 3/7

respondent Police submitted that based on the complaint given by the petitioners, CSR.No.593 of 2023 was registered and the enquiry is pending.

4. I have considered the submission of the learned counsel appearing for the petitioners and the learned Government Advocate (Crl.side) appearing for the respondent police.

5. . Therefore, the respondent police is hereby directed to conduct the enquiry within a period of two weeks from the date of receipt of a copy of this order.

6. With the above directions, this Criminal Original Petition is disposed of.

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drl To

1. The Superintendent of Police, Dharmapuri District, Dharmapuri - 636 701.

2. The Deputy Superintendent of Police (Law and Order), Palacode, Dharmapuri District - 636 808.

3. The Inspector of Police, Palacode Police Station, Dharmapuri District - 636 808.

4. The Public Prosecutor, Madras High Court.

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K.KUMARESH BABU drl 6/7

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