N.Ramathal v. The Commissioner Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 14.07.2020

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN CRL.O.P.No. 25311 of 2019 N.Rmathal W/o. Nataraj D.No.53A/92, Thilakar Nagar, Anupparapalayam (Post) Tirupur - 641 652.

... Petitioner Vs

1. The commissioner of Police, Tiruppur District, Tiruppur.

2. The Inspector of Police, 15, Velampalayam Police Station, Sirupuluvapatti, Tiruppur - 6.

3. Mrs.Shanmugavadivu, W/o. Boopathi No.66, Pannadi Thottam Lakshmi Nagar, Veerapan Sathram, Erode - 638 004.

... Respondents PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to direct the first respondent to ensure the life and property of the petitioner are protected and she and her husband are able to live with security and dignity as per Rule 20, 21 (1), 21 (2) (iii) of the Tamilnadu Maintenance and Welfare of Parents and Senior Citizens Rules, 2009 and consequently direct the respondents 1 and 2 to protect the agricultural property of the petitioner bearing SF No.78/1C, Velampalayam Village, Solipalayam, Tiruppur to an extent of 92 Cents from the third respondent and her men by securing the same.

For Petitioners:Mr.Silambanan for M/s. Kaavya Silambanan Associates For Respondents:Mr.S.Karthikeyan Additional Public Prosecutor for R1 & R2 : Mr.N.Somasundar for R3

O R D E R

This petition filed for seeking a police protection on the complaint dated 26.03.2019.

2. The learned Additional Public Prosecutor submitted that the enquiry has been done on the complaint lodged by the petitioner and issued C.S.R.No.173 of 2019 and subsequently it was closed on 29.10.2019.

3. The learned Senior Counsel has pointed out that already the property belongs to the petitioner was brought into auction and the same was challenged before the court concerned and as on today statusquo has been ordered infavour of the petitioner. Without considering the same, the second respondent closed the complaint.

3. In view of the submissions made by the learned Additional Public Prosecutor that no complaint is pending on the file of the second respondent against the petitioner, the prayer sought for the petitioner seeking police protection cannot be granted. However, the petitioner is at liberty to approach the court concerned by way of private complaint and seek remedy.

In the result, the Criminal Original Petition is dismissed.

Sd/- Assistant Registrar(CO-MDU) //True Copy// Sub Assistant Registrar dh To

1. The commissioner of Police, Tiruppur District, Tiruppur.

2. The Inspector of Police, 15, Velampalayam Police Station, Sirupuluvapatti, Tiruppur - 6.

3. The Public Prosecutor, High Court, Madras.

CRL.O.P.No.25311 of 2019 SPD(CO) CB(17/08/2020)