Saribabegum v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.07.2023

CORAM

THE HONOURABLE DR.JUSTICE D.NAGARJUN Saribabegum ... Petitioner Vs 1.The Superintendent of Police, Ramanathapuram Distict, Ramanathapuram.

2.The Inspector of Police, Thirupullani Police Statin, Ramanathapuram District.

3.Mydeenseeni .. Respondents PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying, directing the first respondent to instruct the second respondent police to give necessary police protection to the life and limb of the petitioner and her family members proposed to going fencing her property in S.No.104/3A to an extent of 19.5 Ares (48 Cents) situated at Pannakarai, Vannankundu Revenue Village, Keelakarai Taluk, Ramanathapuram District on the basis of the petitioner's representation dated 24.12.2022. (Prayer amended as per the Order of the Court dated 09.03.2023 made in Crl.M.P.(MD).No.2188 of 2023 in Crl.O.P.(MD).No.337 of 2023) 1/4

For Petitioner : Mr.B.Anandhan For R-1 & R-2 : Mr.B.Thanga Aravindh Government Advocate (Criminal Side) For R-3 : Mr.C.Vakeeswaran

O R D E R

This Criminal Original Petition is filed seeking for a direction to the respondent No.2 to provide necessary protection to the life and limb of the petitioner and her family members from the third respondent.

2. It is submitted by the learned counsel for the petitioner that the petitioner is the owner and possessor of the property in S.No.104/3A to an extent of 19.5 Ares (48 Cents) situated at Pannakarai, Vannankundu Revenue Village, Keelakarai Taluk, Ramanathapuram District, in spite of which, patta is stated to have been granted in favour of the petitioner in the year 1947. It is submitted that some third persons have filed O.S.No159 of 1970 against the petitioner in respect of the said property and the said suit was dismissed. On an appeal filed aggrieved by the said dismissal, it also ultimately ended in disposal. It is submitted that on a complaint given by the third respondent, the police are harassing the petitioner and the third respondent is not permitting the petitioner to fence the land.

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3. Mr.C.Vakeeswaran, Advocate appearing for the third respondent has submitted that the respondent No.3 is in possession of the property and the petitioner has no right and that the third respondent has challenged the patta granted in favour of the petitioner. It is submitted that in response to the notice given by the police, the petitioner appeared before the police and the third respondent also appeared and the police have advised both the parties to approach the appropriate civil Court in order to resolve their grievances.

4. Considering the request made by the learned counsel for the petitioner, the petitioner is directed to appear before the concerned police on 18.07.2023 on which, the respondent police are directed to consider the request and resolve the dispute within one week thereafter.

5. With this observation, this Criminal Original Petition is closed. 11.07.2023 NCC:yes/no Index:yes/no Internet:yes/no tsg 3/4

DR.D.NAGARJUN, J.

tsg To 1.The Superintendent of Police, Ramanathapuram Distict, Ramanathapuram.

2.The Inspector of Police, Thirupullani Police Statin, Ramanathapuram District..

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

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