Madras High CourtCRL OP/25141/2018disposed of

Veeranna v. The Superintendent Of Police

2021-07-05Honourable Mr Justice M.Dhandapani3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 05.07.2021

CORAM:

THE HON'BLE MR.JUSTICE M.DHANDAPANI Crl.O.P.No.25141 of 2018 Veeranna ... Petitioner/Complainant Vs.

1.The Superintendent of Police, Superintendent office, Erode District.

2.The State Rep.by Inspector of Police, Thalavadi Police Station, Thalavadi, Erode District.

3.Rama Chetty 4.Kajja Chetty 5.Madeva Chetty 6.Madevan 7.Rangaian 8.Chittaraj 9.Pakka @ Madevan 10.Madevan ... Respondents/Respondents PRAYER: Criminal Original petition has been filed under Section 482 of Cr.P.C, prayed to direct the respondent's police to give adequate protection to the petitioner and his family members. For Petitioner : Mr.N.Chinnaraj For R1 : Mr.C.E.Pratap Government Advocate (Crl. Side) For R2 : Mr.C.Raghavan Government Advocate For R4 to R7 & R9 to R10: Mr.I.C.Vasudevan

ORDER

(The case has been heard through video conference) This Criminal Original Petition has been filed to direct the respondent officials 1 and 2/police to give adequate police protection to the petitioner and his family members.

2.The learned counsel appearing for the petitioner would submit that the petitioner purchased a property in Chikkajanoor Village from one Puttusamy and from the date of the purchase, he has been in possession and enjoyment of the property. While so, the respondents 6, 7 to 10 were disturbing his peaceful possession, which prompted the petitioner to file a Civil Suit which was decreed in favour of the petitioner herein, while the suit filed by respondents 6 to 10 was dismissed since the respondents 3 to 10 are still disturbing the petitioner's possession, he lodged a complaint before the respondent police. Pursuant to the decree obtained by the petitioner, he filed E.P.No.

5 of 2017 which came to be closed after recording the affidavit of undertaking given by the respondents 7 to 10 to the effect that they would not disturb the possession of the petitioner. However, again the respondents 7 to 10 started continuously disturbing the possession of the petitioner. Hence, he made a representation to the respondent police to provide adequate police protection. Since no action is forthcoming, the petitioner is before this Court.

3.The facts in issue are not in dispute. The issue is that the police authorities have not taken any action on the complaint given by the petitioner inspite of the fact that he is the owner of the property and the suit and EP proceeding have also ended in his favour and further no action has been taken on the representation given by the petitioner.

4.In such view of the matter, this Court without going into the merits of the issue directs the petitioner to give a fresh representation along with a copy of this order within a period of four weeks from today and on such representation being given, the respondents 1 and 2 shall deal and take action on the same on merits and in accordance with law within a period of two weeks thereafter and communicate any order that may be passed on the representation to the petitioner.

5.This Criminal Original Petition is disposed of with the aforesaid observation and direction.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar gbi

To 1.The Superintendent of Police, Superintendent office, Erode District.

2.The Inspector of Police, Thalavadi Police Station, Thalavadi, Erode District.

3.The Public Prosecutor, High Court of Madras, Chennai.

Crl.O.P.No.25141 of 2018 BS(CO) CB(02/08/2021)