Madras High CourtCRL OP(MD)/4824/2019disposed of

A.Palanisamy, v. The Sub Inspector Of Police

2019-04-01Honourable Mr Justice N. Seshasayee2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 01.04.2019

CORAM

THE HONOURABLE MR. JUSTICE N.SESHASAYEE Crl.O.P.(MD)No.4824 of 2019 A.Palanisamy ... Petitioner Vs.

1.The Sub Inspector of Police, Puthanatham Police Station, Manapparai Taluk, Trichy District.

2.Vellaisamy 3.Jothi ... Respondents PRAYER: Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure, to direct the respondent to provide adequate police protection to the petitioner and his family members to the life and liberty of the petitioner to measure his land and lay stones and fence in S.F.No.72/11, to an extent of 2 Acres 89 Cents, situated at Karumalai Village, Thuvarankurichi Sub Registration, Manapparai Taluk, Trichy District, based on the petitioner's representation dated 19.03.2019. For Petitioner : Mr.S.Gopala Manikandan For R-1 : Mr.V.Neelakandan Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed seeking a direction to the respondent police to provide adequate police protection to the petitioner and his family members to the life and liberty of the petitioner to measure his land and lay stones and fence in S.F.No.72/11, to an extent of 2 Acres 89 Cents, situated at Karumalai Village, Thuvarankurichi Sub Registration, Manapparai Taluk, Trichy District, based on the petitioner's representation dated 19.03.2019.

2. Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the first respondent.

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3. The learned counsel appearing for the petitioner submitted that the petitioner and the private respondents herein are co-

sharers of a certain immovable property. A suit for partition in O.S.No.52 of 2012 was laid, in which the final decree too has been passed, that delivery of the property allotted to the petitioner has also been obtained by the petitioner. Notwithstanding the same, he continues to face threat to his life, limb, liberty and right to property at the hands of the private respondents.

4. The learned Additional Public Prosecutor submitted that the complaint preferred by the petitioner is pending.

5. For the present, inasmuch as the complaint preferred by the petitioner is pending, the first respondent is directed to enquire into the matter of the complaint filed by the petitioner and take such appropriate decision as may be necessary to protect the life, limb, liberty and right to the property of the petitioner. It is made clear that this Court does not order granting of police protection 24 x 7 and the first respondent is left to decide on the basis of the objective assessment of the threat perception of the petitioner from time to time.

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

Sd/- Assistant Registrar (AE) // True Copy // Sub Assistant Registrar(CS) To 1.The Sub Inspector of Police, Puthanatham Police Station, Manapparai Taluk, Trichy District.

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

+1cc to Mr.S.GOPALA MANIKANDAN, Advocate, SR.No. 58113 SM KK/SAR/02.05.2019/ 2P- 4C Crl.O.P.(MD)No.4824 of 2019 01.04.2019 https://hcservices.ecourts.gov.in/hcservices/