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Madras High CourtCRL OP(MD)/5170/2019disposed of

K.Virumandi, v. The Superintendent Of Police

2019-04-05Honourable Mr Justice N. Seshasayee2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.04.2019

CORAM:

THE HONOURABLE MR.JUSTICE N.SESHASAYEE Crl.O.P.(MD)No.5170 of 2019 K.Virumandi ... Petitioner /Vs./ 1.The Superintendent of Police, Madurai, Madurai District.

2.The State represented by The Inspector of Police, Chekkaanurani Police Statio, Chekkaanurani, Tirumangalam Taluk, Madurai District, Madurai.

3.Jeyakumar

...Respondents

PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C to direct the second respondent to provide adequate Police protection to the petitioner and his family members life and liberty and also land belongs to the petitioner by taking the appropriate action towards petitioner's complaint dated 24.03.2019. For Petitioner : Mr.K.K.Samy For R-1 & R-2 : Mr.A.P.G.Ohm Chairma Prabhu Government Advocate (Crl. Side)

ORDER

This Criminal Original Petition has been filed to direct the second respondent to provide adequate Police protection to the petitioner and his family members life and liberty and also the land belongs to the petitioner by taking the appropriate action towards petitioner's complaint dated 24.03.2019.

2. Heard the learned counsel appearing for the petitioner and the learned Government Advocate (Crl. side) appearing for the first and second respondents.

3. The learned counsel appearing for the petitioner submitted that the petitioner has secured his right to his property Vide decree of the civil Court in O.S.No.36 of 2015 on the file of the learned District Munsif cum Judicial Magistrate Court, Usilampatti. He also submitted that the Revenue Divisional Officer, Usilampatti, has passed an order in favour of the petitioner. Yet, the petitioner continues to face threat to his right to property. https://hcservices.ecourts.gov.in/hcservices/

4. The learned Government Advocate (Crl. Side) submitted that on the complaint preferred by the petitioner, an enquiry was conducted and closed.

5. Inasmuch as the civil Court has appeared to have secured the petitioner's title and / or the possession over the property involved in the suit, and inasmuch as the order of the Revenue Divisional Officer, Usilampatti, is in favour of the petitioner, if the petitioner faces any threat, he is now directed to prefer a fresh complaint to the second respondent and on such fresh complaint, the second respondent is directed to enquire into the matter and take such appropriate decision as may be necessary to protect the life, liberty and right to the 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 (T & P) // True Copy // Sub Assistant Registrar(CS) sm To 1.The Superintendent of Police, Madurai, Madurai District.

2.The Inspector of Police, Chekkaanurani Police Statio, Chekkaanurani, Tirumangalam Taluk, Madurai District, Madurai.

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

+1CC TO MR.K.K.SAMY, Advocate Sr. No. 59321 Crl.O.P.(MD)No.5170 of 2019 05.04.2019 GKG(CO) TR (09.05.2019) 2P 5C https://hcservices.ecourts.gov.in/hcservices/