P.Kanagavalli, F/A 68 Years, v. The State Rep By Its,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 01.08.2018

CORAM

THE HONOURABLE Mr.JUSTICE P.N.PRAKASH CRL.O.P.Nos.19151, 19152 and 19153 of 2018 P.Kanagavalli .. Petitioner in all Crl.OPs Vs 1.State rep. by The Commissioner of Police, Greater Chennai, EVK Sampath Road, Vepery, Chennai-07.

2.The Deputy Commissioner of Police, T.Nagar Range, Chennai-17.

3.The Assistant Commissioner of Police, Valasaravakkam Police Station, Chennai-89.

4.Inspector of Police, Valasaravakkam Police Station, Chennai-89.

5.Inspector of Police, Madhuravoyal Police Station, Chennai-95.

.. Respondents in all Crl.OPs 6.A.Sasikumar .. R6 in Crl.OP.19152/2018 CRL.O.P.No.19151 of 2018 filed under Section 482 Cr.P.C., praying to direct the 4th respondent herein to register petitioner's complaint and investigate the case on the basis of petitioner's complaint dated 23.07.2018.

CRL.O.P.No.19152 of 2018 filed under Section 482 Cr.P.C., praying to direct the respondents 1 to 5 herein to provide adequate police protection to the petitioner and the demised property situated at No.74/209, Arcot Road, Karambakkam, Porur, Chennai-116 to conduct the functions of the customers on 02.08.2018, 06.08.2018, 08.08.2018, 17.08.2018, 23.08.2018,

24.08.2018, 30.08.2018, 31.08.2018, 02.09.2018, 06.09.2018, 10.09.2018, 12.09.2018, 17.09.2018.

CRL.O.P.No.19153 of 2018 filed under Section 482 Cr.P.C., praying to transfer the investigation of complaint dated 23.07.2018 on the file of the 3rd respondent herein and entrust the same to any other responsible Police Officer to investigat the complaint dated 23.07.2018 in a free and fair manner under the supervision of 1st and 2nd respondents, herein. For Petitioner : Mr.R.Shanmuga Sundaram, Sr.Counsel in all Crl.OPs for Mr.A.Gopinath For R1 to R5 : Mr.C.Raghavan, Govt. Advocate in all Crl.OPs For R6 in : Mr.R.Ganesh Kumar Crl.OP.19152/18 C O M M O N O R D E R Karunakaran is the owner of the property bearing door No.74/209, Arcot Road, which was given on lease to Sasikumar, in the year 2013 for running a restaurant by name Kattumaram.

While so, it is the case of Karunakaran that after the determination of the lease, Sasikumar handed over possession of the leased property back to Karunakaran on 01.10.2017 and left the place locked stock and barrel. Thereafter, Karunakaran paid the electricity charges for the said property and other dues. It is further contended that the property was leased out to Kanagavalli by a Lease Deed dated 27.06.2018. While so, it is alleged that Sasikumar is once again trying to take forcible possession of the property and therefore, Kanagavalli is before this Court with the above petitions claiming aforesaid reliefs. 2.Heard Mr.Shanmugasundaram, learned Senior Counsel appearing for Kanagavalli, learned Government Advocate and Mr.Ganesh Kumar, learned counsel appearing for Sasikumar. 3.Mr.

Shanmugasundaram submitted that there are overwhelming materials to show that Sasikumar had handed over possession to Karunakaran, pursuant to which, Karunakaran had applied for telephone connections etc. and has leased out the property to Kanagavalli for running a Party Hall. He also submitted that Kanagavalli has filed a suit in O.S.No.374 of 2018 against Sasikumar before the Sub Court, Poonamallee and has obtained an order of interim injunction. He also further submitted that Sasikumar has filed a suit in O.S.No.299 of 2018 before the District Munsif Court, Poonamallee against Karunakaran and has obtained an order of interim inunction.

Under such

circumstances, learned Senior Counsel prayed for Police protection on the ground that Sasikumar is attempting to repossess the property, especially when the Party Hall has been booked for various marriage events.

4.Per contra, Mr.Ganesh Kumar submitted that Sasikumar had never vacated and handed over the possession of the property, but had built the third floor of the property with his own funds with the permission of Karunakaran and that, he had not vacated the property. It is Sasikumar's contention that Karunakaran is attempting forcibly to dispossess him from the property. 5.Mr.Ganesh Kumar submitted that after Sasikumar had obtained an order of interim injunction in O.S.No.299 of 2018 against Karunakaran, Karunakaran has fabricated a Lease Deed dated 27.06.2018, as if he has leased out the property to Kanagavalli, who is none other than his mother. In other words, it is submitted that the Lease Deed dated 27.06.2018 has been created only to thwart the order of injunction in O.S.No.299 of 2018. This is strongly refuted by Mr.Shanmugasundaram, learned Senior Counsel.

6.On a conspectus of the facts obtaining in this case, it is seen that both parties have approached the civil Court and have obtained orders of interim injunction in their favour. Therefore, this Court, in exercise of powers under Section 482 Cr.P.C., cannot go into disputed questions of fact and cannot give any finding either in favour or Kanagavalli or Sasikumar. Police protection can also be sought for enforcement of the injunction order before the civil Court, in the light of the Division Bench of this Court in Sri La Sri Siva Subramanyananda Swamy Vs Sri La Sri Arunachalaswamy [1993[1] MLJ 274]. Under such circumstances, all these petitions are closed with liberty to the petitioner to approach the appropriate forum. However, the Deputy Commissioner of Police, T.Nagar District shall ensure to maintain law and order in that area and take action in accordance with law.

Sd/- Assistant Registrar(CS V) //True Copy// Sub Assistant Registrar

To 1.The Commissioner of Police, Greater Chennai, EVK Sampath Road, Vepery, Chennai-17.

2.The Deputy Commissioner of Police, T.Nagar Range, Chennai-17.

3.The Assistant Commissioner of Police, Valasaravakkam Police Station, Chennai-89.

4.Inspector of Police, Valasaravakkam Police Station, Chennai-89.

5.Inspector of Police, Madhuravoyal Police Station, Chennai-95.

6.The Public Prosecutor, High Court, Madras.

+1cc to Mr.R.Ganesh kumar, Advocate sr.no.52357 +7cc to Mr.A.Gopinath, Advocate sr.no.52191 +3cc to Mr.A.Gopinath, Advocate sr.no.52144 CRL.O.P.Nos.19151, 19152 AND 19153 of 2018 gp(co) nr 01/08/2018