Arumugham v. The Sub Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12.02.2019

CORAM

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.30088 of 2018 R.Arumugaham ... Petitioner Vs.

1.The Sub-Inspector of Police, Sulthanpet Police Station, Coimbatore.

2.Kamalam 3.Mohanasundari 4.Jothimani 5.Vijayalakshmi 6.Padmavathi ... Respondents (Respondents 2 to 6 are impleaded as per order in Crl.M.P.869/2019 in Crl.O.P.No.

30088/2018 dated 02.01.2019).

PRAYER: Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure, to direct the 1st respondent to give police protection to the petitioner, his men and agents to enter and enjoy the suit premise.

For Petitioner : Mr.Mathuvanthy Mathavan For R1 : Mr.M.Mohamed Riyaz, Additional Public Prosecutor.

O R D E R

This criminal original petition has been filed seeking for police protection to the petitioners and his family members to enter and enjoy the suit premise.

2. It is seen from records that the petitioner has already filed a suit in O.S.No.63 of 1998 before the learned District Munsif cum Judicial Magistrate, Palldam, Coimbatore District, wherein the Court below passed a decree in favour of the petitioner restraining the respondents from interfering in the peaceful possession and enjoyment of the suit property and no appeal has been preferred by the respondents as against the said order and decree.

3. The learned counsel for the petitioner would submit that in spite of the interim order passed, the respondents 2 to 6 are continuously interfering the possession and enjoyment of the https://hcservices.ecourts.gov.in/hcservices/

petitioner and they are causing threat to the petitioner and therefore, the petitioner gave a representation dated 06.12.2018 to the respondent police, seeking for police protection. Since the same was not considered, this petition has been filed seeking for appropriate direction.

4. The learned Additional Public Prosecutor admitted the fact that the suit has been decreed in favour of the petitioner.

5. In view of the above said facts and circumstances, the respondents 2 to 6 should not be permitted to take law into their own hands. Now, that the decree of the Civil Court has become final and the property has already been delivered to the petitioner, the respondents 2 to 6 have no right to prevent the petitioner from entering and enjoying the property. The respondents 2 to 6, instead of working out their remedy before the appropriate Court, seems to be using force to prevent the petitioner from enjoying the property.

6.This Criminal Original Petition is disposed of with a direction to the first respondent to give police protection to the petitioner to enter into his property and enjoy peaceful possession. If any obstruction is made by the respondents 2 to 6, appropriate action may be taken against them in accordance with law.

Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar rm To 1.The Sub-Inspector of Police, Sulthanpet Police Station, Coimbatore.

2.The Public Prosecutor, High Court, Madras.

+1cc to Mr.Mathuvanthy Mathavan, Advocate, S.R.No.12688 Crl.O.P.No.30088 of 2018 LN(CO) rrs 01/03/2019 https://hcservices.ecourts.gov.in/hcservices/