Madras High CourtCRL OP/32122/2019dismissed

P.Thiagarajan v. The Inspector Of Police

2019-12-04Honourable Mr Justice P. Rajamanickam2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.12.2019

CORAM

THE HONOURABLE MR. JUSTICE P.RAJAMANICKAM Crl. O.P. No. 32122 of 2019 P. Thiagarajan ... Petitioner Vs.

The Inspector of Police, Kelambakkam Police Station, Kelambakkam, Chengalpattu.

...Respondent

PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the respondent Police to provide an appropriate police protection to fence the petitioner's property, S.No.94/2A1B of Yegatoor Village, Tiruporur Taluk, Kancheepuram District, considering the petitioner's representation dated 17.11.2019. For Petitioner : Mr.A.S.Vijayaragavan For Respondent : Mr.M.Mohamed Riyaz, Additional Public Prosecutor

O R D E R

This petition has been filed to direct the respondent Police to provide an appropriate police protection to fence the petitioner's property, S.No.94/2A1B of Yegatoor Village, Tiruporur Taluk, Kancheepuram District, considering the petitioner's representation dated 17.11.2019. 2.Heard the learned counsel for the petitioner as well as the learned Additional Public Prosecutor appearing for the respondent and perused the materials available on record. 3.According to the petitioner, he already filed a suit in O.S. No. 132 of 2015 on the file of the District Munsif, Chengalpattu against one Murugan for the relief of permanent injunction and got decree in his favour. His further case is that, inspite of the said decree, the respondent Police did not give any protection to the petitioner for enjoying his property.

4.Since the petitioner has obtained a decree before the Civil Court, he can file Execution Petition for enforcing the said decree and at the time of executing the said decree, if the Executing Court feels that Police aid is necessary, then https://hcservices.ecourts.gov.in/hcservices/

it can pass appropriate orders by invoking the provisions of Section 151 of C.P.C.

5.With the above observation, this Criminal Original Petition is dismissed.

Sd/- Assistant Registrar (CO) //True Copy// Sub Assistant Registrar gsa To 1.The Inspector of Police, Kelambakkam Police Station, Kelambakkam, Chengalpattu.

2.The Public Prosecutor, High Court of Madras, Madras.

+1cc to Mr.A.S.Vijay Ragavan, Advocate, S.R.No. 101710 Crl. O.P. No. 32122 of 2019 GMR(CO) GN(07/01/2020) https://hcservices.ecourts.gov.in/hcservices/