S.Sivasubramaniam v. State By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 25.04.2022 CORAM :

THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA CRL.O.P.NO.19067 OF 2021 S.Sivasubramaniam ... Petitioner Vs.

1. The State represented by, The Deputy Commissioner of Police, Adyar Range, Adyar, Chennai.

2. The Inspector of Police, J-12 Kanathur Police Station, 600112.

3. Kannadasan

4. R.K.Yesudasan ... Respondents PRAYER: This Criminal Original Petition is filed under Section 482 of Criminal Procedure Code, pleased to direct the first and second respondents police to provide necessary police protection to the life and limb of the petitioner based on the representation dated 02.09.2021.

For Petitioner :

Mr.M.Jaikumar For R1 and R2 :

Mr.V.Meganathan Government Advocate (Crl.Side)

O R D E R

The Criminal Original Petition has been filed seeking to direct the first and second respondents police to provide necessary police protection to the life and limb of the petitioner based on the representation dated 02.09.2021.

2. Learned counsel for the petitioner would submit that the petitioner is a tenant in respect of the house at No.198, Annai Therasa Street, ECR Kanathur, Chennai - 600 112. He would further submit that during the pandemic period, the petitioner was unable to pay the rent, thereby, the respondents 3 and 4, who are respectively the husband and son of the landlord, have threatened the petitioner and they have also demolished the compound wall using Bulldozer to create fear that at any time rowdy elements would enter the house and unknown persons are regularly visiting the house of the petitioner for conducting panchayat.

3. Learned Government Advocate (Crl.Side) would submit that the petitioner is a tenant and the respondents 3 and 4 are respectively the husband and son of the owner of the property. He would further submit that it seems that there are arrears of rent and a dispute is pending.

4. Mr.R.Lingukumar, learned counsel appearing for the respondents 3 and 4 would submit that the respondents 3 and 4 are the husband and son of the owner of the property and they are presently residing at Kelambakkam. The third respondent is aged about 70 years and the petitioner, who has taken the house on lease, is in default of rent from September-2020. He would further submit that the respondent has filed an application under The Tamil Nadu Regulation of Rights and Responsibilities of Landlord and Tenants Act, 2017, seeking to evict the petitioner on the ground of willful default. However, in order to preempt the respondent from taking legal action, a false complaint has been given. Further, he would undertake and assure that the respondents 3 and 4 are not taking law into their hands and are following due process of law to evict the petitioner.

5. Recording the undertaking of the respondents 3 and 4, this Criminal Original Petition stands closed. However, it is made clear that if at all the respondents 3 and 4 indulge in illegal activities to evict the petitioner by engaging rowdy elements, the respondents 1 and 2 are bound to take action under law.

Sd/- Assistant Registrar(CS-VIII) //True Copy// Sub Assistant Registrar rgi

To 1.

The Deputy Commissioner of Police, Adyar Range, Adyar, Chennai.

2.

The Inspector of Police, J-12 Kanathur Police Station, Chennai-600112.

3.

The Public Prosecutor, High Court, Madras.

+1cc to Mr.R.Linga Kumar, Advocate, S.R.No.28925 +1cc to Mr.M.Jaikumar, Advocate, S.R.No.28315 Crl.O.P.No.19067 of 2021 SKM(CO) RLP(11/05/2022)