Madras High CourtCRL OP(MD)/14594/2015disposed of

P.Muthu Raj v. The Commissioner,

2015-08-03Honourable Ms. Justice R.Mala2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.08.2015

CORAM:

THE HONOURABLE MS.JUSTICE R.MALA CRL.O.P.(MD).No.14594 of 2015 P.Muthu Raj : Petitioner Vs.

State rep. by 1.The Commissioner, Tirunelveli City Police, Tirunelveli.

2.The Inspector of Police, Tirunelveli Town Police Station, Tirunelveli Town : Respondents PRAYER: Petition is filed under Section 482 of the Criminal Procedure Code praying this Court to direct the second respondent to provide adequate police protection to the petitioner and his property of houses situated at Courtallem Road, Tirunelveli Town bearing Door No.87E, 87E1, 87C at the time of inspection by the Special Deputy Collector (Stamps) and the Tahsildar based on the complaint of the petitioner dated 16.03.2015 and pass such further or other orders as this Court may deem fit and proper in the circumstances of the case.

For Petitioner : Mr.T.Selvan For Respondents : Mr.P.Kannithevan Government Advocate (Criminal Side)

O R D E R

The petitioner has come forward with this application under Section 482 of Cr.P.C seeking a direction to the second respondent to provide adequate police protection to the petitioner and his property of houses situated at Courtallem Road, Tirunelveli Town bearing Door No.87E, 87E1, 87C at the time of inspection by the Special Deputy Collector (Stamps) and the Tahsildar based on the complaint of the petitioner dated 16.03.2015.

2. Heard the submissions made by the learned counsel appearing on either side.

3. The learned counsel for the petitioner would submit that the petitioner along with two others have purchased the property on 08.04.1999 and the said property has not been properly valued and that has been forwarded to the Special Deputy Collector(Stamps) under Section 47(A) of the Stamp Act. The Special Deputy Collector (Stamps) and the Tahsildar have attempted to make Inspection to https://hcservices.ecourts.gov.in/hcservices/

assess the value of the property and they were prevented by the tenants of the said building. Hence, the petitioner gave a complaint dated 16.03.2015 to the second respondent. But, the second respondent has not passed any order. Thereafter, the petitioner had given a petition before the District Collector, Tirunelveli on 20.04.2015 to provide police protection to inspect his property by the Officials and the same was forwarded to the first respondent. The first respondent has not taken any steps. Hence, the petitioner has come forward with this petition.

4. At this juncture, the learned Government Advocate (Crl.side) would submit that the complaint given by the petitioner has been enquired and closed stating that the matter can be decided at the civil forum. But I am of the view that the said complaint is different from the petition seeking police protection. Hence, the petitioner is directed to give a fresh application seeking police protection. The respondent police is directed to consider the fresh application and to pass an order in accordance with law within a period of 7 days from the date of receipt of application given by the petitioner.

5. With the above direction, this petition is disposed of. Sd/- Assistant Registrar(Writs) /True Copy/ Sub-Assistant Registrar To 1.The Commissioner, Tirunelveli City Police, Tirunelveli.

2.The Inspector of Police, Tirunelveli Town Police Station, Tirunelveli Town 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+One cc to Mr.T.Selvan, Advocate, SR.No.43472 ses RL/5c - 10/8/2015 Order made in CRL.O.P.(MD).No.14594 of 2015 https://hcservices.ecourts.gov.in/hcservices/ Dated:- 03.08.2015