M/S.Life Line Educational And Charitable Trust v. The Insepctor Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 04.03.2020

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN M/s.Life Line Educational and Charitable Trust Rep by its Founder and Chairman, Mr.James Ebenezer .. Petitioner Vs 1.The Inspector of Police, Neelangarai Police Station, Neelangarai, Chennai - 600 115.

2.The Secretary Ramalinga Nagar Residents Welfare Association, Having office at Plot No.59, Ramalinga Nagar, Vettuvankeni, Chennai - 600 041.

.. Respondents Prayer :- Criminal Original Petition filed under Section 482 Cr.P.C. to direct the 1st respondent to provide police protection to fence the property of the Petitioner Trust in S.No.169 at Ramalinga Nagar, Injambakkam Village, Tamabaram Taluk, Kancheepuram District, to an extent of 1,820 sq.ft.

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For Petitioner : Mr.R.Thiagarajan For R1 : Mr.M.Mohamed Riyaz Addl. Public Prosecutor

O R D E R

This petition has been filed by the petitioner seeking for police protection to fence his property comprised in S.No.169 at Ramalinga Nagar, Injambakkam Village, Tambaram Taluk, Kancheepuram District, admeasuring 1,820 sq.ft.

2. Heard Mr.R.Thiagarajan, learned Counsel for the petitioner and Mr.M.Mohamed Riyaz, learned Additional Public Prosecutor for the respondent police.

3. On perusal of the records, the petitioner also approached Civil Court seeking bare injunction in O.S.No.599 of 2009 as against the 2nd respondent herein and the same was decreed in favour of the petitioner. As against the judgment and decree in O.S.No.599 of 2009, no appeal was preferred by the 2nd respondent herein. An Execution Petition in E.P.No.35 of 2016 was also filed by the petitioner to execute the said judgment and decree. Therefore, the petitioner sought for police protection to fence his 2/5

property by his complaint dated 13.11.2015. Thereafter, the petitioner also filed another complaint on 04.01.2020, for which the 1st respondent also issued C.S.R.No.6 of 2020.

4. Considering the above facts and circumstances, the 1st respondent is directed to conduct an enquiry after issuing notice to the 2nd respondent, in view of the judgment and decree passed by the Civil Court in O.S.No.599 of 2007 dated 16.10.2015 and pass orders on merits in accordance with law, within a period of four weeks from the date of receipt of a copy of this order. Accordingly, this Criminal Original Petition is disposed of.

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To 1.The Inspector of Police, Neelangarai Police Station, Neelangarai, Chennai - 600 115.

2.The Public Prosecutor, High Court, Madras.

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