Sridharan, M/A 40 Years, v. The District Collector,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 30.05.2018

CORAM

THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR Crl.OP No.13438 of 2018 Sridharan .. Petitioner Vs 1.The District Collector, Dhamapuri district,Dharmapuri

2. The District Superintendent of Police, Dharmapuri District,Dharmapuri

3. The Inspector of Police, B.1, Police Station,Dharmapuri District .. Respondents Prayer:- Criminal Original Petition filed under Section 482 Cr.P.C., to direct the respondents to grant police protection to the petitioner to enjoy his property in Survey Nos.441/I and 450/I, measuring about 4 acres and 85 cents in Pappinayakanahalli, Sogathur, Dharmapuri District by removing the trespassers to secure the ends of justice.

For petitioner : Mr.R.Sankarasubbu For Respondents : M/s.M.Prabhavathi Additional Public Prosecutor

ORDER

This petition has been filed seeking a direction to respondents to grant police protection to the petitioner to enjoy his property in Survey Nos.441/I and 450/I, measuring about 4 acres and 85 cents in Pappinayakanahalli, Sogathur, Dharmapuri District by removing the trespassers.

2. The contention of the learned counsel for the petitioner is that petitioner has already obtained decree and judgment in respect of the properties. http://www.judis.nic.in N.SATHISH KUMAR,J.,

However, one Megavannan Saraswathi Trust had created a document from Gnanammal and tried to grab the property of the petitioner, hence, he seeks police protection.

3. Heard the learned Additional Public Prosecutor for the respondents. 4.Admittedly, the petitioner has already obtained Decree and Judgment in his favour and nothing prevented him from executing the same before the concerned court. Therefore, the petitioner is at liberty to move the Execution Court for execution of the decree. In the event of such Execution Petition is filed, the trial Court shall consider the application filed by the petitioner for grant of police protection on merits. In the meantime, the respondents shall consider the representation of the petitioner and pass appropriate orders on merits and in accordance with law.

With these observations, this petition stands closed. 30.05.2018 ssd/vsg To 1.The District Collector, Dhamapuri district,Dharmapuri

2. The District Superintendent of Police, Dharmapuri District,Dharmapuri

3. The Inspector of Police, B.1, Police Station, Dharmapuri District 4.The Public Prosecutor, High Court, Madras.

Crl.OP No.13438 of 2018 http://www.judis.nic.in