Madras High CourtCRL OP(MD)/155/2021disposed of

Ranjith Shyam Raj v. The Superintendent Of Police

2021-01-21Honourable Mrs Justice R. Hemalatha2 pages

Crl.OP.(MD)No.155 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.01.2021 CORAM :

THE HONOURABLE MRS. JUSTICE R. HEMALATHA Crl.OP.(MD)No.155 of 2021 Ranjith Shyam Raj ... Petitioner vs.

1.The Superintendent of Police, Kanyakumari District at Nagercoil.

2.The Inspector of Police, Cholachel Police Station, Kanyakumari District.

3.Johnson ... Respondents PRAYER: Criminal Original Petition filed under Section 482 of Code of Criminal Procedure to direct the second respondent to give police protection to him to remove machineries and other materials relating to the brick manufacturing unit, owned by the petitioner from the brick manufacturing unit situated in RE.SY No.338/3 (3A,3B) of Kolachal Village, Kanyakumari.

For Petitioner : Mr.A.Balakrishnan For R1 & R2 : Mr.A.Robinson Government Advocate (Criminal side)

ORDER

The present petition is filed by the petitioner seeking for a direction to the second respondent to give adequate police protection to him so as to enable him to remove machineries from a brick-kiln.

2. The main grievance of the petitioner is that he is a tenant under the third respondent in respect of a land in Survey Number.338/3(3A,3B) of Kolachal Village for running a brick-kiln and that the third respondent is neither permitting him to run his business nor allowing him to remove the machineries from the brick-kiln. His further contention is that the representation submitted by him in this regard to the second respondent has not been considered till date.

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Crl.OP.(MD)No.155 of 2021

3. Mr.A.Robinson, learned Government Advocate (Criminal Side) who accepts notice for the first and second respondents, on instructions, would contend that the representation submitted by the petitioner was registered as CSR.No.113 of 2020 and posted for enquiry. His further contention is that two Civil Suits are pending in this regard before the District Munsif Court, Eraniel.

4. Considering the submissions made by the petitioner and the respondents, the second respondent is directed to dispose of the CSR.No.113 of 2020 based on findings and on merits within a period of two weeks from the date of receipt of a copy of this order / uploading of the order.

5. With the above observation, this petition is disposed of. Sd/- Assistant Registrar(CS-II) // True Copy // / /2021 Sub Assistant Registrar(CS) mbi Note: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To 1.The Superintendent of Police, Kanyakumari District at Nagercoil.

2.The Inspector of Police, Cholachel Police Station, Kanyakumari District.

COPY TO The Additional Public Prosecutor, Madurai Bench of Madras High Court,Madurai.

Crl.OP.(MD)No.155 of 2021 21.01.2021 SRK(CO) TR(09.02.2021) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2