P.K.Ramasamy v. The Superintendentof Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 08.07.2019

CORAM:

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Crl.O.P.No.17757 of 2019 P.K.Ramasamy .. Petitioner Vs.

1.The Superintendent of Police, Coimbatore.

2.The Deputy Superintendent of Police, Karumathampatty, Coimbatore - District.

3.The Inspector of Police, Karumathampatty Police Station, Coimbatore - District.

4.Rajendran @ Chenniappan 5.M.Balamani 6.J.Saraswathy 7.N.Rukmani 8.S.Eswari .. Respondents PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C. to direct the respondents herein to provide adequate police protection to the petitioner to remove Coconuts from his agricultural land in S.Nos.198/2, 197/2B, 200/3 & 194/1 Karavalli Mathapur Village, Sulur Taluk, Coimbatore District pursuant to the order of the Learned Subordinate Judge, Coimbatore made in I.A.No.03 of 2019 in O.S.No.947 of 2018 dated 27.02.2019.

For Petitioner : Mr.M.R.Thangavel For Respondents : Mr.M.Mohamed Riyaz (for R1 to R3) Additional Public Prosecutor

ORDER

This petition has been filed seeking for police protection. 2.It is seen from the records that the petitioner has already filed a suit in O.S.No.947 of 2018 before the First Additional Sub Judge, Coimbatore and in the said suit an order has been passed in I.A.No.3 of 2019 as follows: "27.2.2019: Counter Counter not filed. Advocate/Commissioner filed Commissioner report in I.A.661/18 with photographs to show that coconut crops are in the condition of germination. According to petitioner if the coconut crops are not removed immediately the petitioner will sustains less of Rs.5,00,000/-. In the facts and circumstances of the case and considering that inspite of order and status quo, the respondent is preventing the profits from removing the coconut crops.

Hence for the purpose of removing the coconut crops petitioner can seek the help of police aid only for the limited purpose this petition is allowed." 3.After the above order was passed, the petitioner approached the respondent police seeking for police protection by his representation dated 21.06.2019 and till date the same has not been acted upon by the respondent police. Aggrieved by the same, the present petition has been filed before this Court seeking for police protection.

4.Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing on behalf of the respondent police.

5.Taking into consideration, the facts and circumstances of the case, the 3rd respondent police is directed to provide police protection to the petitioner in obedience of the order passed by the First Additional Sub Judge, Coimbatore, in order to enable the petitioner to remove the Coconut crops from the property. 6.This Criminal Original Petition is disposed of with the above direction.

Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar

vs/jas To 1.The Superintendent of Police, Coimbatore.

2.The Deputy Superintendent of Police, Karumathampatty, Coimbatore - District.

3.The Inspector of Police, Karumathampatty Police Station, Coimbatore - District.

4.The Public Prosecutor, Madras High Court.

+1cc to Mr.C.Anbu, Advocate sr.56802 Crl.O.P.No.17757 of 2019 ca(co) nr 09/07/2019