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Madras High CourtCRL OP(MD)/1904/2023disposed of

Arulcrosper v. The Superintendent Of Police

2023-02-13Honourable Mr Justice K.Murali Shankar5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.02.2023

CORAM:

THE HONOURABLE MR. JUSTICE K.MURALI SHANKAR Arulcrosper, : Petitioner Vs

1. State represented by The Superintendent of Police, Kanyakumari District @ Nagercoil

2. State represented by The Inspector of Police, Thiruvattar Police Station

3. Natarajan,

4. Sunil,

5. Thankavadivu,

6. Paul Raj, : Respondents PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. praying this Court to pass an order directing the respondents 1 and 2 herein to provide necessary police protection to the petitioner to put up barbed fence around his portion of property situated in Survey Nos.684/3G1 and 684/1A1A1, 1/5

consisting of 95 cents which was under his possession out of 1 Acre, situated in Thiruvattar Village, Thiruvattar Taluk, Kanyakumari District on the basis of the petitioner's complaint made before the respondents herein by RPAD dated 09.01.2023.

For Petitioner : Mr.R.Satheesh Kumar For R1 & R2 : Mr.R.Sivakumar Government Advocate (Crl.Side)

ORDER

This criminal original petition has been filed seeking a direction to the respondents 1 and 2 herein to provide necessary police protection to the petitioner to put up barbed fence around his portion of property situated in Survey Nos.684/3G1 and 684/1A1A1, consisting of 95 cents which was under his possession out of 1 Acre, situated in Thiruvattar Village, Thiruvattar Taluk, Kanyakumari District on the basis of the petitioner's complaint, dated 09.01.2023.

2. The learned Counsel appearing for the petitioner would submit that a suit had been filed against the petitioner's father and the same was decreed; that challenging the same, an appeal had been filed and the same was dismissed and that the second appeal was filed, which was ended in favour of 2/5

the petitioner and others.

3.The learned Government Advocate (Crl.Side) would submit that enquiry is pending before the second respondent. 4.Recording the said submission, the second respondent police is directed to consider the petitioner's complaint, dated 09.01.2023 by taking note of the decree granted by the competent Civil Court and pass orders, in accordance with law, within a period of two weeks, from the date of receipt of a copy of this order.

5.With the above direction, this criminal original petition is disposed of. 13.02.2023 NCC:Yes/No Index:Yes/No Internet:Yes/No lr 3/5

To 1.The Superintendent of Police, Kanyakumari District @ Nagercoil

2. The Inspector of Police, Thiruvattar Police Station

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

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K.MURALI SHANKAR , J.

lr 13.02.2023 5/5