Madras High CourtCRL OP/14411/2018dismissed

K.Jayaseelan, Aged 42 Years v. The State Rep. By Its

2018-05-31Honourable Mr Justice N. Sathish Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 31.05.2018

CORAM

THE HONOURABLE Mr.JUSTICE N.SATHISH KUMAR CRL.O.P.No.14411 of 2018 K.Jayaseelan .. Petitioner Vs 1.The State Rep.by its The Superintendent of Police Kancheepuram District Kancheepuram.

2.The Deputy Superintendent of Police Mamallapuram Kancheepuram District.

3.The Inspector of Police Mamallapuram Police Station Kancheepuram District.

.. Respondents Criminal Original Petition filed under Section 482 of Cr.P.C., praying to direct the 3rd respondent to take appropriate action as per law and also provide police protection to the petitioner on the basis of the petitioner's representation dated 04.04.2018 and direct the 1st and 2nd respondents to monitor and to investigate the matter.

For Petitioner : Mr.S.Sugendran For Respondents : Ms.M.Prabhavathi Addl. Public Prosecutor

O R D E R

This Criminal Original Petition has been filed to direct the 3rd respondent to take appropriate action as per law and also provide police protection to the petitioner on the basis of the petitioner's representation dated 04.04.2018 and direct the 1st and 2nd respondents to monitor and to investigate the matter.

2. Though this petition is filed for grant of police protection to execute the decree and judgment passed by the District Munsif, Chengalpattu in his favour, I am afraid of https://hcservices.ecourts.gov.in/hcservices/

issuing such a direction as sought for by the petitioner in this petition. It is for the petitioner to work out his remedy by filing Execution petition. If such a blanket direction is given by this Court, it may lead to serious consequences. The purpose of Order XXI of CPC itself to secure the interest of so many people. Even a third party may claim independent possession or title and his right also can be adjudicated by the Execution Court. Therefore, without going into all those things, if any blanket direction is given by this Court, it may lead to serious consequences.

3. Since we have no material to show whether there is any third party right is involved in this matter, I am not inclined to grant any direction to the respondents to give police protection. The petitioner is at liberty to approach the trial Court by moving an Execution Petition and execute the decree.

4. With the above observation, this petition is dismissed. Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar To 1.The Superintendent of Police Kancheepuram District Kancheepuram.

2.The Deputy Superintendent of Police Mamallapuram Kancheepuram District.

3.The Inspector of Police Mamallapuram Police Station Kancheepuram District.

4.The Public Prosecutor, High Court, Madras.

+1cc to Mr.S.Sugendran, Advocate, S.R.No.34375 CRL.OP.No.14411 of 2018 GSP(11/06/2018) https://hcservices.ecourts.gov.in/hcservices/