M.Rajan @ Diwakaran v. Deputy Commissioner Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 09.12.2021

CORAM:

THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR Crl.O.P.No.23217 of 2021 M.Rajan @ Diwakaran .. Petitioner

Versus

1. The Deputy Commissioner of Police, Manggadu Range, Chennai-600122.

2. Assistant Commissioner of Police, Manggadu, Chennai-600122.

3. Inspector of Police T-14 Police Station, Manggadu, Chennai- 600 122.

4. Dhanasekaran @ Selvan ... Respondents PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure to direct the respondents 1 to 3 to provide necessary police protection, for the period of 4 days over the petitioner's property measuring to an extent of 4425 Sqft comprised in survey No.:296/2, Chikkarayapuram Village, in order to enable petitioner to put up compound wall.

For Petitioner :

Mr.S.Sai Shankar For Respondents: Mr.E.Raj Thilak Additional Public Prosecutor

O R D E R

This Petition has been filed to direct the respondents 1 to 3 to provide necessary police protection, for the period of 4 days over the petitioner's property measuring to an extent of 4425 Sqft comprised in survey No.:296/2, Chikkarayapuram Village, in order to enable petitioner to put up compound wall.

2. The case of the petitioner is as follows:

(i) A land measuring to an extent of 4425 Sq.ft comprised in survey No.:296/2 Chikkarayapuram Village, was owned by the petitioner's father along with four other properties in the same village. Whileso, the fourth respondent disturbed the peaceful possession of the petitioner's father over the said properties and hence the petitioner's father was constrained to file civil suit in O.S.No.221 of 2007, for bare injunction against the fourth respondent and the suit was decreed in favour of the father of the petitioner. Inspite of the same, the fourth respondent continued to disturb the peaceful possession of the petitioner's father over the properties.

Hence, the petitioner's father filed Execution Petition in E.P.No.3 of 2008, in which the fourth respondent gave an undertaking before the Judicial Magistrate Court that he will never interfere with the peaceful possession of the petitioner's father over the properties and the same became final. (ii) This being the position, the petitioner's father died on 10.10.2018 leaving behind the petitioner, his brother, sister and mother as his legal heirs and the petitioner is in possession of a share alloted to him , as per the family arrangement. The petitioner is constructing 10 feet compound wall around the said property and on 18.08.2021, the fourth respondent came along with some of his men obstructed the petitioner from constructing the compound wall and he is further threatening and preventing the petitioner from putting up compound wall. Hence, the petitioner gave representation to the respondents 1 to 3 to provide police protection for four days at his cost. Since no action has been taken on the said representation, the petitioner has filed this Petition.

3. Heard both sides. Perused the records.

4. On considering the submissions made on either side and on a perusal of materials, this Court finds that petitioner's right over the property should not be disturbed.

5. In view of the same, the respondent police viz., the second respondent is directed to cause enquiry by calling the petitioner as well as the fourth respondent and give appropriate police protection to the petitioner so that the petitioner can construct the compound wall, unless there is any restriction order passed by competent civil Court. The second respondent is directed to provide necessary police protection to the petitioner to construct compound wall, within a period of two weeks from the date of receipt of a copy of this order.

This Criminal Original Petition is disposed of accordingly.

Sd/- Assistant Registrar(CS-II) //True copy// Sub Assistant Registrar arr To

1. The Deputy Commissioner of Police, Manggadu Range, Chennai-600122.

2. Assistant Commissioner of Police, Manggadu, Chennai-600122.

3. Inspector of Police T-14 Police Station, Manggadu, Chennai- 600 122.

4.The Public Prosecutor, High Court, Madras.

Crl.O.P.No.23217 of 2021 CA(CO) GMY(04/01/2022)