P.V.Pushpakumar v. The Superintendent Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19.07.2023

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Crl.O.P.No.16150 of 2023 P.V.Pushpakumar .. Petitioner Vs.

1. The Superintendent of Police, O/o the Superintendent of Police, Thiruvallur.

2. The Deputy Superintendent of Police, O/o the Deputy Superintendent of Police, Thiruvallur.

3. The Inspector of Police, Mappedu Police Station, Mappedu, Thiruvallur.

4. Ajay

5. Josphine

6. Xavier

7. Merchy Theresa .. Respondents 1/6

Prayer: This Criminal Original Petition is filed under Section 482 Cr.P.C. directing the respondent No.3 to provide adequate police protection to the petitioner his family members. For Petitioner : Mr.R.Prabhakaran For Respondents : Mr.A.Damodaran Additional Public Prosecutor

ORDER

This petition has been filed for a direction to the respondent police to provide police protection to the petitioner based on the representation made on 07.06.2023. 2.

It is seen from records that the rival party had already filed a suit before the District Munsif Court, Thiruvallur, in O.S.No.378 of 2006 and the said suit was dismissed by judgment and decree dated 17.09.2018. The grievance of the petitioner is that inspite of dismissal of the suit, the rival parties are attempting to disturb with the peaceful possession and enjoyment of the 2/6

petitioner and his family members and are also causing threat. In view of the same, a representation was given to the respondent police on 07.06.2023, seeking for police protection. Since the same was not considered by the respondent police, the present criminal original petition has been filed before this Court. 3.

The learned Additional Public Prosecutor on instructions submitted that based on the representation made by the petitioner, an enquiry is going to be conducted by the 3rd respondent. 4.

In the considered view of this Court, the 3rd respondent shall call the parties and if the civil suit filed by the rival parties have already gone against them and it has become final, they shall be instructed not to disturb the peaceful possession and enjoyment of the property and not to cause any threat to the petitioner and his family members. If inspite of the same, the rival parties attempt to create any law and order problem, appropriate action shall be 3/6

taken strictly in accordance with law. If on the other hand, the 3rd respondent finds that civil proceedings are pending, the parties shall be directed to agitate their grievance before the Civil Court and till the civil Court proceedings comes to an end, the police shall not interfere with the dispute.

5.

This Criminal Original petition is disposed of in the above terms.

19.07.2023 rka Index :Yes/No Internet:Yes Speaking Order/Non-speaking Order 4/6

To

1. The Superintendent of Police, O/o the Superintendent of Police, Thiruvallur.

2. The Deputy Superintendent of Police, O/o the Deputy Superintendent of Police, Thiruvallur.

3. The Inspector of Police, Mappedu Police Station, Mappedu, Thiruvallur.

4. The Public Prosecutor, High Court Madras.

5/6

N.ANAND VENKATESH,J.

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