Masanam Karuppaiah v. The District Superintendent Of

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04.04.2019

CORAM:

THE HONOURABLE MR.JUSTICE N.SESHASAYEE Crl.O.P.(MD)No.5099 of 2019 Masanam Karuppaiah ... Petitioner /Vs./ 1.The District Superintendent of Police, Pudukottai District, Pudukottai.

2.The Inspector of Police, Ponnamaravathi Police Station, Pudukottai District.

3.Malaichamy

...Respondents

PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C., to direct the respondents 1 and 2 to give adequate police protection to the life and limb of the petitioner as well as his family members on the basis of his complaint to the 1st and 2nd respondents dated 20.02.2019.

For Petitioner : Mr.P.Subbaraj For R-1 & R-2 : Mr.V.Neelakandan Additional Public Prosecutor

ORDER

The petitioner complains that he faces a continuous threat to his right to property at the hands of the third respondent and also threat to his life, limb and liberty.

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

3. The learned counsel appearing for the petitioner submitted that the third respondent has approached the Thasildar claiming tenancy right, who after due enquiry dismissed the third respondent's request and then, he moved the Revenue Divisional Officer in appeal, who after due enquiry, has dismissed it again. Notwithstanding that, the third respondent continues to pose threat to the petitioner's lawful right over his property.

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

5. Inasmuch as the complaint preferred by the petitioner is pending enquiry, the second respondent is directed to enquire into the complaint filed by the petitioner and take such appropriate https://hcservices.ecourts.gov.in/hcservices/

decision as may be necessary to protect the life, limb, liberty and right to property of the petitioner.

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

7. 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 (AS) // True Copy // Sub Assistant Registrar(CS) sm To 1.The District Superintendent of Police, Pudukottai District, Pudukottai.

2.The Inspector of Police, Ponnamaravathi Police Station, Pudukottai District.

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

+1CC TO MR.P.SUBBARAJ, Advocate Sr. No.59058 Crl.O.P.(MD)No.5099 of 2019 04.04.2019 TR (29.04.2019) 2P 5C https://hcservices.ecourts.gov.in/hcservices/