P.Murugan v. State Rep. By The Superintendent Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 14.06.2019

CORAM:

THE HONOURABLE MR. JUSTICE N.ANAND VENKATESH Crl.O.P.No.15323 of 2019 P.Murugan ..Petitioner Vs.

1. State Rep. by The Superintendent of Police, O/o. the Superintendent of Police, Krishnagiri District.

2. State Rep. by The Inspector of Police, Singarapettai Police Station, Krishnagiri District.

3. V.Yasodha ..Respondents PRAYER: Criminal Original Petition filed under Section 482 of the Cr.P.C., to direct the respondent police to provide adequate police protection to the petitioner and his brothers and also his property namely agricultural land on the basis of the complaint dated 23.05.2019 given before the respondents 1 and 2.

For Petitioner : Mr.Dass and Viswa Associates For Respondents : Mr.M.Mohamed Riyaz Additional Public Prosecutor for R1 & R2

O R D E R

This petition has been filed seeking for police protection to the petitioner and his brothers in order to do agricultural activities in the property.

2. It is the case of the petitioner that there was earlier a property dispute and the 3rd respondent herein filed a suit for permanent injunction against the petitioner and his brother in O.S.No.62 of 2007 before the District Munsif cum Judicial Magistrate, Uthangarai and the suit was decreed in favour of the 2nd respondent by judgement and decree dated 17.02.2011. The petitioner and his brother filed an Appeal in A.S.No.53 of 2014 before the Sub Court, Uthangarai and the Appeal was partly allowed insofar as the property which is the subject matter of this petition. The 3rd respondent thereafter preferred a Second Appeal in SA No.594 of 2015 and it was later withdrawn on 08.11.2016.

3. In view of the dismissal of the Second Appeal as withdrawn, the Judgement and Decree of the Appellate Court has become final. While so, the 3rd respondent with the help of henchmen is attempting to interfere with the property and is causing threat to the petitioner and his brothers. Therefore, the petitioner has given a representation to the respondent

police on 23.05.2019 seeking for police protection.

4. Heard the learned counsel for the petitioner and the learned Additional Public prosecutor appearing on behalf of respondents 1 and 2.

5. The respondent police is directed to immediately call the parties for an enquiry and direct the parties to abide by the Judgement and Decree of the competent Civil Court. If, inspite of the same, any disturbance is caused by the Counter party, action shall be taken in accordance with law.

6. This Criminal Original Petition is disposed of with the above directions.

14.06.2019 Index : Yes / No rka To

1. The Superintendent of Police, O/o. the Superintendent of Police, Krishnagiri District.

2. The Inspector of Police, Singarapettai Police Station, Krishnagiri District.

N.ANAND VENKATESH rka/msrm

3. The Public Prosecutor, High Court of Madras.

Crl.O.P.No.15323 of 2019 14.06.2019