Elumalai v. The Deputy Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 29.08.2019

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Crl.O.P.No.23501 of 2019 Elumalai ... Petitioner Vs.

1. The State represented by The Deputy Commissioner, Adayar Police Statin, Adayar, Chennai - 600 020.

2. The Assistant Commissioner, Neelankarai, Chennai - 600 118.

3. The Inspector of Police, J-9, Police Station, Kanathur, Chennai.

4. S.Kannan ... Respondents Prayer: This Criminal Original Petition filed under Section 482 Cr.P.C. to direct the respondents to give police protection to the petitioners based upon their complaint dated 20.08.2019 . For Petitioner : Mr.R.Ramesh For Respondents : Mr.M.Mohamed Riyaz Additional Public Prosecutor

ORDER

This petition has been filed seeking for police protection to the petitioner to prevent the 4th respondent from taking law in to his own hands for the purpose of evicting the petitioner. 2.It is seen from records that the petitioner is a tenant in the property and he is running a hollow block business in the property. There was an attempt made to evict the petitioner by force and therefore the petitioner has filed a suit before the District Munsif Court, Alandur in O.S.No.310 of 2019. The said

suit is pending and the petitioner has also sought for an interim injunction pending disposal of the suit to injunct the landlord not to evict the petitioner otherwise than by due process of law.

3.The learned counsel for the petitioner submitted that the landlord had expired and the petitioner was taking steps to implead the legal representatives of the landlord. In the mean time, the legal representatives along with some henchmen had entered into the property and had attacked the workers who were engaged in the hollow block factory. The petitioner has given a complaint to the respondent police on 20.08.2019 seeking for protection and since the same has not been considered, present petition has been filed before this Court seeking for appropriate directions.

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 is directed to call the parties for an enquiry and instruct the parties to workout their remedy in the pending civil suit. A specific direction shall be given to the 4th respondent not to indulge in any violence or exert any threat to the petitioner.

6.If the situation goes out of control, the 3rd respondent shall take action in accordance with law.

7.This Criminal Original Petition is disposed of with the above direction.

ssr Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar To

1. The Deputy Commissioner, Adayar Police Statin, Adayar, Chennai - 600 020.

2. The Assistant Commissioner, Neelankarai, Chennai - 600 118.

3. The Inspector of Police, J-9, Police Station, Kanathur, Chennai.

4. The Public Prosecutor, High Court, Madras.

Crl.O.P.No.23501 of 2019 Kak(03/09/2019)