Suresh v. The Commissioner Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20.12.2022

CORAM

THE HONOURABLE MR. JUSTICE G.CHANDRASEKHARAN Suresh ... Petitioner Vs.

1. The Commissioner of Police, Chennai City Police Commissioner Office, E.V.R Salai, Egmore, Chennai - 600 003.

2. The Inspector of Police, S-4, Nanthampakkam Police Station, Chennai - 116.

3. R.Selvam ... Respondents PRAYER : Criminal Original Petition filed under Section 482 of Cr.P.C., pleased to direct the respondents to provide police aid and protection to the petitioner and his property at No.13, Dr.Ambedkar Main Road, Manapakkam, Chennai - 125 based on his complaint in C.No.3307/COP/Visitor/2022 dated 1/5

20.10.2022.

For Petitioner : R.K.Gandhi For R1 & R2 : Mr.S.Santhosh Government Advocate(Crl.side)

O R D E R

This Criminal Original Petition has been filed seeking direction to the 1st & 2nd respondents to provide police aid and protection to the petitioner and his property at No.13, Dr.Ambedkar Main Road, Manapakkam, Chennai - 125 based on his complaint in C.No.3307/COP/Visitor/2022 dated 20.10.2022.

2. The learned counsel for the petitioner submitted that the petitioner is a tenant under one Pasumpon. Petitioner is doing electrical business in the property, which is situated at No.13, Dr.Ambekar Main Road, Manapakkam, Chennai - 125. The said Pasumpon along with his son Selvam attempted to evict the petitioner forcibly. Therefore, petitioner lodged a complaint before the 2nd respondent, for which, the respondent police had not taken any action. Therefore, present petition is filed.

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3. The learned Government Advocate (Crl. Side) submitted that, on the basis of the complaint given by the petitioner, equiry was conducted. After enquiry, it was closed for the reason that the dispute is civil in nature.

4. It appears that the petitioner filed a suit in O.S. No.185 of 2022 before the learned District Munsiff Court at Sriperumbudur, Kanchipuram against the said Pasumpon and his son Selvam for the relief of permanent injunction and not to interfere with the peaceful possession and enjoyment till he is evicted under due process of law.

5. Therefore, this Court is of the view that, the landlord can be resort to any illegal mode to evict the petitioner and hence this Court is inclined to allow this petition the second respondent is directed to provide adequate police protection to the petitioner, on need basis, on the basis of his representations. 20.12.2022 3/5

Internet : Yes / No Index : Yes / No Sma 4/5

G.CHANDRASEKHARAN,J.

Sma To

1. District Munsiff Court at Sriperumbudur, Kanchipuram.

2. The Commissioner of Police, Chennai City Police Commissioner Office, E.V.R Salai, Egmore, Chennai - 600 003.

3. The Inspector of Police, S-4, Nanthampakkam Police Station, Chennai - 116.

4. The Public Prosecutor, Madras High Court.

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