P.Kannappan v. The Superintendent Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 10.12.2019
CORAM
THE HON'BLE MR.JUSTICE P.RAJAMANICKAM Crl.O.P.No.33307 of 2019 P.Kannappan
...Petitioner/Complainant
-Vs1. The Superintendent of Police, Railway Station Road, Coimbatore - 641 018.
2. The Inspector of Police, Periyanaickenpalayam Police Station, Periyanaickenpalayam, Coimbatore - 641 020.
3. Pappal
4. Ravikumar
5. Nanjappa Gounder
6. Balasubramanian
7. Durairaj
8. Nandakumar
9. Thiruveethi Marbles and Granites, Dealers in Marble Tiles and Granite, Mettupalayam Main Road, Peria Mahampalayam Pillichi Village, Coimbatore - 641 019.
10. Gopalakrishnan ... Respondents/Respondents Prayer: Criminal Original petition filed under Section 482 of Code of Criminal Procedure, to direct the respondents 1 & 2 to provide adequate police protection to the safety and security of the petitioner, based on his complaint dated 26.11.2019.
For Petitioner : Mr.B.Manimaran For Respondents: Mr.M.Mohamed Riyaz for R1 & R2 Additional Public Prosecutor
ORDER
This petition has been filed to direct the respondents 1 & 2 to provide adequate police protection to the safety and security of the petitioner, based on his complaint dated 26.11.2019.
2. The learned counsel for the petitioner has submitted that the petitioner has already filed a suit in O.S.No.551 of 2009 on the file of the III Additional Subordinate Judge, Coimbatore, and got injunction on 10.02.2010. He further submitted that the respondents 3 to 10 not obeying the said decree distrubing the petitioner's possession and hence, the petitioner has lodged a complaint before the second respondent on 26.11.2019 seeking police protection, but sofar no action has been taken on the said complaint and hence, he requested to direct the respondents 1 and 2 to provide the police protection to the petitioner for enjoying his property peacefully. Since the petitioner has got decree in a civil suit, he has to file an execution petition for executing the decree and it is for the Executing Court to decide whether any police protection has to be ordered or not.
3. With the aforesaid observation, this Criminal Original Petition is dismissed.
s/d- Assistant Registrar(CS VIII) True Copy Sub-Assistant Registrar dna To
1. The Superintendent of Police, Railway Station Road, Coimbatore - 641 018.
2. The Inspector of Police, Periyanaickenpalayam Police Station, Periyanaickenpalayam, Coimbatore - 641 020.
3.The Public Prosecutor, High Court, Madras.
+1 CC to Mr.B.Manimaran, Advocate sr 103545.
Crl.O.P.No.33307 of 2019 CA(CO) SP(10/01/2020)