K.Vadivel v. State By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.01.2023

CORAM

THE HONOURABLE MR. JUSTICE G.CHANDRASEKHARAN K.Vadivel ... Petitioner Vs.

1. State by, The Deputy Commissioner of Police, Anna Nagar District.

2. The Inspector of Police, F-5, Choolaimedu Police Station, Chennai.

... Respondents PRAYER : Criminal Original Petition filed under Section 482 of Cr.P.C., pleased to direct the second respondent police to provide police protection based on the representation given by the petitioner on 17.12.2022. For Petitioner : J.N.Naresh Kumar For R1 & R2 : Mr.S.Santhosh Government Advocate(Crl.side) 1/4

O R D E R

This Criminal Original Petition has been filed seeking direction to the second respondent police to provide police protection based on the representation given by the petitioner on 17.12.2022.

2. The learned counsel for the petitioner submitted that the petitioner is tenant under one Gengan in respect of the shop comprised in Survery No.31, New West Street, Avvai Nagar, Choolaimedu from the year 2017. The owner of the property attempted to evict the petitioner forcibly from the premises. Therefore, complaint was given by the petitioner against the said Gengan on 19.12.2022. In this regard, enquiry was conducted in CSR No. 482 of 2022. Gengan appeared for enquiry and also stated that he will not evict the petitioner forcibly. The petitioner had filed a suit in O.S.No.1918 of 2022 on the file of the 23rd City Civil Court, Chennai for the relief of not to evict him unless by due process of law. The said suit is pending. Pending suit, Gengan attempted to evict the petitioner from the premises with the help of rowdy elements and also broke open the door and damaged the house hold properties and also made death 2/4

threat. Again on 21.12.2022, with the help of rowdy elements, owner Gengan attempted to forcibly evict the petitioner from the premises. Hence, the present petition is filed.

2. This Court on going through the records and also the copy of the photos produced by the learned counsel for the petitioner, finds that one Gengen along with rowdy elements attempted to evict the petitioner from forceful means. Therefore, the second respondent is directed to consider the representation of the petitioner dated 17.12.2022 on merits and provide adequate police protection to the petitioner for smooth conduct of his business, whenever necessary. 04.01.2023 Internet : Yes / No Index : Yes / No Sma 3/4

G.CHANDRASEKHARAN,J.

Sma To

1. State by, The Deputy Commissioner of Police, Anna Nagar District.

2. The Inspector of Police, F-5, Choolaimedu Police Station, Chennai.

3. The Public Prosecutor, Madras High Court.

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