Madras High CourtCRL OP(MD)/2117/2018disposed of

G.Murugesan v. The Inspector Of Police

2018-02-12Honourable Mr Justice P. Rajamanickam2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.02.2018

CORAM

THE HON'BLE MR.JUSTICE P.RAJAMANICKAM Crl.O.P.(MD) No.2117 of 2018 G.Murugesan ... Petitioner -Vs1. The Inspector of Police, Pappanadu Police Station, Orathanadu Taluk, Thanjavur District.

2. Dhanapal

3. Tamilselvam ... Respondents Prayer: Criminal Original petition filed under Section 482 of Code of Criminal Procedure, to direct the respondent to provide adequate police protection to the petitioner for harvesting the grown groundnut crops in his agricultural field situated in Survey No.636/1A to an extent of 1.33 Hectares in Aambalapattu Village, Orathanadu Taluk, Thanjavur District based on the complaint dated 01.02.2018 sbumitted by the petitioner.

For Petitioner : Mr.G.Thalaimutharasu For Respondent No.1 : Mr.Prabu Ramachandran Government Advocate(Crl.side)

O R D E R

This petition has been filed to direct the first respondent to give police protection to harvest the groundnut crops in the field situated in S.No.636/1A in Aambalapattu Village, Orathanadu Taluk, Thanjavur District.

2.The learned counsel for the petitioner has submitted that the second respondent has filed a suit in O.S.No.73 of 2010 on the file of the District Munsif, Orathanadu, against the petitioner herein, seeking permanent injunction and the said suit was dismissed on 31.08.2017. Against which, an appeal has not been filed by the second respondent and therefore, it has to be presumed that the petitioner is in possession of the property and he is entitled to https://hcservices.ecourts.gov.in/hcservices/

harvest the groundnut crops, which was raised by him and hence, the petitioner gave a representation before the first respondent on 01.02.2018, to give police protection for harvesting groundnut crops, but the first respondent has not passed any order. 3.The learned Government Advocate (Crl.side) has submitted that on previous occasion the petitioner gave a petition seeking police protection and since at that time the civil suit was pending against the property in question, the application submitted by the petitioner was closed. Thereafter, he has not submitted any application seeking police protection.

4.Considering the aforesaid submissions, the petitioner is directed to give one more representation to the first respondent and on submitting such representation, the first respondent has to consider and pass appropriate order in accordance with law.

5. With the aforesaid direction, this criminal original petition is disposed of.

Sd/- Assistant Registrar(CS-I) /True Copy/ Sub Assistant Registrar To

1. The Inspector of Police, Pappanadu Police Station, Orathanadu Taluk, Thanjavur District.

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

+1cc to Mr.G.Thalaimutharasu Advocate in SR.NO.50345 rmk MV:SKN-RSK:SAR2:02/03/2018/2P/4C Crl.O.P.(MD) No.2117 of 2018 12.02.2018 https://hcservices.ecourts.gov.in/hcservices/