A.H.L.Billy, v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.04.2019

CORAM:

THE HONOURABLE MR.JUSTICE N.SESHASAYEE Crl.O.P.(MD)No.5009 of 2019 A.H.L.Billy ... Petitioner /Vs./ 1.The Superintendent of Police, Thirunelveli District.

2.The Inspector of Police, Muneerpallam Police Station, Thirunelveli District.

3.Rasaiya 4.Johnson Jebakumar

...Respondents

PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C to direct the 2nd respondent for police protection for petitioner's management office bearer's life and limb and consequently restrain the 3rd and 4th respondents wrongful entry in S.No.1248/23 as CMS Church School Play Ground situated in Adaimithipankulam, Tirunelveli District as per the order in O.S.No.142 of 2018 dated on 11.02.2019. For Petitioner : Mr.M.M.Manivelpandian For R-1 & R-2 : Mr.V.Neelakandan Additional Public Prosecutor

ORDER

The petitioner complains that he has laid a suit in O.S.NO.142 of 2018 on the file of the Principal District Munsif, Tirunelveli, against the third and fourth respondents for declaration and injunction and the trial Court has passed a decree in his favour on 11.02.2019. Inspite of that he faces threat to his possession from the private respondents.

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

3. The learned Additional Public Prosecutor submitted that the complaint preferred by the petitioner is pending in C.S.R.No.120 of 2019.

4. Inasmuch as the complaint preferred by the petitioner is pending enquiry, the second respondent is directed to cause such necessary enquiry on the complaint preferred 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. https://hcservices.ecourts.gov.in/hcservices/

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

6. It is made clear that this Court does not order granting of police protection 24 x 7 and the second respondent is left to decide on the basis of the objective assessment of the threat perception of the petitioner from time to time.

Sd/- Assistant Registrar // True Copy // Sub Assistant Registrar(CS) To 1.The Superintendent of Police, Thirunelveli District.

2.The Inspector of Police, Muneerpallam Police Station, Thirunelveli District.

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

+1cc to Mr.M.M.Manivelpandian, Advocate, SR.No.58652 Crl.O.P.(MD)No.5009 of 2019 03.04.2019 SM KK/SAR/26.04.2019/ 2P- 5C https://hcservices.ecourts.gov.in/hcservices/