Madras High CourtCRL OP(MD)/4477/2018disposed of

K.Thirumaran, v. The Commissione Rof Police,

2019-03-27Honourable Mr Justice N. Seshasayee2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.03.2019

CORAM

THE HONOURABLE MR. JUSTICE N.SESHASAYEE Crl.O.P.(MD)No.4477 of 2018 K.Thirumaran ... Petitioner Vs.

1.The Commissioner of Police, Tirunelveli City, Tirunelveli District.

2.The Inspector of Police, Junction Police Station, Tirunelveli City, Tirunelveli.

3.T.Ramachandran ... Respondents (R3 is impleaded as per the order of this Court made Crl.M.P.(MD) No.2614 of 2010 vide order dated 13.03.2019) PRAYER: Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure, to direct the respondents to give adequate police protection to the petitioner to demolish the petitioner's dilapidated building situated in Survey No.176/3 at Door No.70, Perumal Sannathi Street, Melaveeraragavapuram Village, Tirunelveli, Tirunelveli District, based on the representation given by the petitioner dated 14.03.2018.

For Petitioner : Mr.D.Rameshkumar For R1 and R2 : Mr.V.Neelakandan Additional Public Prosecutor For R3 : Mr.K.Prabhu

O R D E R

This Criminal Original Petition has been filed seeking a direction to the official respondents to give adequate police protection to the petitioner to demolish the petitioner's dilapidated building situated in Survey No.176/3 at Door No.70, Perumal Sannathi Street, Melaveeraragavapuram Village, Tirunelveli, Tirunelveli District, based on the representation given by the petitioner dated 14.03.2018.

2. Heard the learned counsel appearing for the petitioner, the learned Government Advocate(Crl.side) appearing for the respondents 1 and 2 and the learned counsel appearing for the third respondent. https://hcservices.ecourts.gov.in/hcservices/

3.The landlord seeks protection to his body, limb and liberty from his tenant, the third respondent herein.

4. Submissions made at the bar discloses that the third respondent has filed a civil suit against the petitioner in O.S.No.162 of 2017 that he shall not be evicted except by due process of law. The petitioner has laid R.C.O.P.No.32 of 2018 for eviction. The learned counsel for the petitioner would submit that in the meantime, the third respondent had assaulted the petitioner.

5. In view of the above stated facts, the petitioner is directed to give a fresh representation to the second respondent police, who shall cause investigation and take a decision as may be necessary to protect the petitioner's life, limb and liberty. The said exercise shall be completed by the second respondent within a period of four weeks from the date of receipt of fresh representation to be given by the petitioner.

6. With the above direction, this Criminal Original Petition is disposed of.

Sd/- Assistant Registrar // True Copy // Sub Assistant Registrar(CS) CM To 1.The Commissioner of Police, Tirunelveli City,Tirunelveli District.

2.The Inspector of Police, Junction Police Station,Tirunelveli City, Tirunelveli.

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

+1CC TO MR.K.PRABHU, Advocate Sr. No. 57278 Crl.O.P.(MD)No.4477 of 2018 27.03.2019 TR (26.04.2019) 2P 5C https://hcservices.ecourts.gov.in/hcservices/