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Madras High CourtCRL OP/24969/2021disposed of

C.Venugopal v. The Superintendent Of Police,

2021-12-23Honourable Mr Justice M. Nirmal Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.12.2021

CORAM:

THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR CRL.O.P.No.24969 of 2021 C. Venugopal ... Petitioner

Versus

1.The Superintendent of Police, Tiruvannamalai District, Tiruvannamalai.

2.The District Superintendent of Police (Rural), Tiruvannamalai District, Tiruvannamalai.

3.The Inspector of Police, Vettaivalam, Pennathur Taluk, Tiruvannamalai District.

4.C. Raja ... Respondents PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the respondents 1 to 3 to grant police protection to the petitioner and his property admeasuring 0.17 acres comprised in Sy.No.110.2 and 0.99 acres comprised in Sy.No.106/9 totally admeasuring 1 acre and 6 cents, situated at Pannaiyur Village, Pennathur Taluk, Tiruvannamalai District.

For Petitioner :

Mr. R. Rajarajan For Respondents:

Mr. E. Raj Thilak, for R1 to R3 Additional Public Prosecutor

O R D E R

This Criminal Original Petition is filed to direct the respondents 1 to 3 to grant police protection to the petitioner and his property admeasuring 0.17 acres comprised in Sy.No.110.2 and 0.99 acres comprised in Sy.No.106/9 totally admeasuring 1 acre and 6 cents, situated at Pannaiyur Village, Pennathur

Taluk, Tiruvannamalai District.

2.

The grievance of the petitioner is that the petitioner had sent a complaint to the respondents-police on 15.11.2021 and by post on 24.11.2021. No action has been taken. The further grievance is that the petitioner owns land at Pannaiyur Village, Pennathur Taluk, Thiruvannamalai. The petitioner had purchased the property from one Nallathambi and his brother. There was some civil dispute and the civil suit in O.S.No.423/2006 was pending before the learned Principal District Munsif, Thiruvannamalai. The suit was decreed in favour of petitioner by judgment dated 31.10.2007. Aggrieved against the same, the said Raja/4th Respondent filed an appeal in A.S.No.18/2009, the same was dismissed on 14.07.2010. Thereafter, the second appeal in S.A.No.1463/2020 was filed and the same was dismissed on 01.12.2020.

Thereafter, the said Raja/4th Respondent along with his wife Malliga and sons Murugan and Purushathaman and two of his daughters Anjali and Jhansirani along with other henchmen attempted to trespass into the land. Despite the petitioner armed with civil Court order is unable to enjoy the property.

3.The learned Additional Public Prosecutor, appearing for the respondents 1 to 3 would submit that the petition has been received by post, there are several aspects to be verified with the petitioner as regards to the pendency of the civil suit and the final order of the civil suit and particulars with regard to attempted trespass on 04.11.2021, unless the petitioner submits the copy of the complaint along with the necessary documents, the respondents-police would not be in a position to take any action.

4.The learned counsel for the petitioner on instructions submits that the petitioner will appear before the respondentspolice on 04.01.2022, or any day thereafter, along with the necessary documents and copy of this order. The respondentpolice on receipt of the same to take appropriate action. 5.With the above direction, this criminal original petition is disposed of.

Sd/- Assistant Registrar(CS VII) //True Copy// Sub Assistant Registrar AT

To

1. The Superintendent of Police, Tiruvannamalai District, Tiruvannamalai.

2. The District Superintendent of Police (Rural), Tiruvannamalai District, Tiruvannamalai.

3. The Inspector of Police, Vettaivalam, Pennathur Taluk, Tiruvannamalai District.

4. The Public Prosecutor, High Court, Madras.

CRL.O.P.No.24969 of 2021 AJS(CO) CT 03/01/2022