Madras High CourtCRL OP(MD)/5858/2019disposed of

C. Panjam (Blind Person), v. The Superintendent Of Police

2019-04-24Honourable Mr Justice N. Seshasayee2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 24.04.2019 CORAM :

THE HONOURABLE MR.JUSTICE N.SESHASAYEE Crl.O.P.(MD)No.5858 of 2019 C.Panjam ... Petitioner /Vs./ 1.State through The Superintendent of Police, Madurai Rural, Madurai District.

2.The Inspector of Police, Kadupatti Police Station, Sholavandan, Madurai District.

3.C.Thangam 4.T.Eswari 5.T.Raja 6.T.Ramesh ... Respondents Prayer: Petition - filed under Section 482 of the Criminal Procedure Code, to direct the 1st and 2nd respondent police to give police protection for the peaceful enjoyment of the blind petitioner and for cultivating and cutting coconuts and to cultivate inter crops in the land bearing Survey No.240/4B situated at Kovil Kuruvithurai Village, Vadipatti Taluk, Madurai District based on the representation given to the 1st respondent dated 29.03.2019. For Petitioner : Mr.P.Thambidurai For R-1 & R-2 : Mr.V.Neelkandan Additional Public Prosecutor

ORDER

The petitioner, who is said to have visually challenged, faces threat to his life, limb, liberty and right to property as the third respondent, his elder brother insists him to convey his property to him. The respondents 3 to 6 are his nieces and nephews.

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

https://hcservices.ecourts.gov.in/hcservices/

3. The learned Additional Public Prosecutor submitted that the

complaint of the petitioner was enquired and closed.

4. Inasmuch as the petitioner faces threat to his life, limb, liberty and right to property, it is necessary that the second respondent shall approach the issue from a different perspective. If the threat perception of the petitioner continues, the petitioner is now directed to prefer a fresh complaint, whereupon the second respondent shall cause such necessary enquiry on the complaint filed by the petitioner and take such appropriate decision as may be necessary to protect the life, limb, liberty and right to property of the petitioner. 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.

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

Sd/- Assistant Registrar (P AND A) // True Copy // Sub Assistant Registrar(CS) To 1.The Superintendent of Police, Madurai Rural, Madurai District.

2.The Inspector of Police, Kadupatti Police Station, Sholavandan, Madurai District.

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. +1cc to Mr.P.Thambidurai, Advocate, SR.No. 62049 Crl.O.P.(MD)No.5858 of 2019 SM KK/SAR/13.05.2019/ 2P- 5C https://hcservices.ecourts.gov.in/hcservices/