Manickam v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.01.2018

CORAM

THE HON'BLE MR.JUSTICE P. RAJAMANICKAM Crl.O.P.(MD) No.615 of 2018 Manickam ... Petitioner -Vs1.The Superintendant of Police, Sivagangai District, Sivagangai.

2.The Deputy Superintendant of Police, Thiruppathur, Sivagangai District.

3.The Inspector of Police, Thiruppathur Town Police Station, Sivagangai District.

4.The Sub Inspector of Police, Nachiyarpuram Police Station, Sivagangai District.

5.Parameswaran 6.Veerapandi ... Respondents Prayer: This Criminal Original petition is filed under Section 482 of Code of Criminal Procedure, to direct the respondents 1 to 4 to provide necessary Police Protection to the life and limb of the petitioner and his family during Pongal Festival which is to be held on 14.01.2018 and 15.01.2018 on his private land based on the complaint on 08.01.2018.

For Petitioner : Mr.S. Vanchinathan For RR1 to 4 : Mr.Prabhu Ramachandran Government Advocate (Crl. Side) For RR5 and 6 : No appearance

O R D E R

This petition has been filed to direct the respondents 1 to 4 to provide necessary Police Protection to the petitioner and his family members for performing pongal festival in his private land situated in S.No.136/39 in Kallipattu Village, Thirupathur Taluk, Sivagangai District, on 14.01.2018 and 15.01.2018, based on the petition given by the petitioner dated 08.01.2018.

2. The learned counsel appearing for the petitioner submitted that already the petitioner's mother filed a suit in O.S.No.195 of 1965, on the file of the District Munsif Court, Sivagangai, against the mother of the respondent nos. 5 and 6 and got a decree for permanent injunction. Now, the respondent nos. 5 and 6, ignoring the said decree, are causing disturbances to the petitioner's peaceful possession and hence, the petitioner lodged a complaint before the third respondent on 08.01.2018, but, so far no order has been passed.

3. The learned Government Advocate (Crl. Side) appearing for the respondent nos. 1 to 4, on instructions, submitted that the Thasildar, Thiruppathur, has directed the parties to perform Pongal Festival separately in the said place.

4. The learned counsel appearing for the petitioner by way of replay has submitted that without summoning the petitioner a Peace Committee Meeting was held by the Thasildar, Thiruppathur, and hence, the petitioner has filed W.P(MD).No.292 of 2018, before this Court and this Court has passed an order dated 08.01.2018, directing the Thasildar, Thiruppathur to consider the petitioner's representation and pass appropriate orders, but, so far, no Peace Committee Meeting held in pursuance of the aforesaid order.

5. Considering the both sides submissions, this Court is inclined to pass the following directions:

"The fourth respondent is directed to advice the parties to approach the Thasildar, Thirupathur, as per the order passed by this Court dated 08.01.2018 in W.P(MD).No.292 of 2018 and get appropriate orders."

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

Sd/- Assistant Registrar /True Copy/ Sub Assistant Registrar To 1.The Thasildar, Thiruppathur, Sivagangai District.

2.The Superintendant of Police, Sivagangai District, Sivagangai.

3.The Deputy Superintendant of Police, Thiruppathur, Sivagangai District.

4.The Inspector of Police, Thiruppathur Town Police Station, Sivagangai District.

5.The Sub Inspector of Police, Nachiyarpuram Police Station, Sivagangai District.

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

+1cc to M/S.S.VANCHINATHAN, Advocate SR.No.42043. Crl.O.P.(MD) No.615 of 2018 12.01.2018 trp SDS/SKN:RSK/SAR 1/12.01.2018/3P/8C