S.Pandiammal v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.04.2019

CORAM:

THE HONOURABLE MR.JUSTICE N.SESHASAYEE Crl.O.P.[MD]No.5941 of 2019 S.Pandiammal : Petitioner /Vs. / 1.The District Collector, Office of the District Collector, 2.The Superintendent of Police, Office of the Superintendent of Police, 3.The Special Tahsildar, Office of the Special Tahsildar, Aadhi Dravidar Welfare Schemes, Nilakkottai Taluk, Dindigul District.

4.The Inspector of Police, Vathalakkundu Police Station, 5.The Village Administrative Officer, Office of the Village Administrative Officer, Virallippatti Village, Nilakkottai Taluk, Dindigul District.

6.The Secretary, Virallippatti Village Panchayat, Nilakkottai Taluk, Dindigul District.

7.Sevvanthi : Respondents PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C., to direct the second and third respondents to provide necessary police protection to the petitioner and her family members to peacefully enjoy the property assigned to her by the third respondent by the proceeding in Na.Ka.No.1855/97/ m, dated 04.07.2016 and also to initiate necessary action on the basis of her representation, dated 04.04.2019 in accordance with law within the time stipulated by this Court.

For Petitioner : Mr.S.Malaikani For R1 to R6 : Mr.V.Neelakandan Additional Public Prosecutor

ORDER

The present petition is filed seeking protection to the life, limb, liberty and right to property of the petitioner from the seventh respondent.

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 both the petitioner and the seventh respondent belonged to the Scheduled Castes Community, that the seventh respondent was assigned three cents of land, which was later cancelled and the said plot was now assigned to the petitioner. The seventh respondent now poses threat to the petitioner's life, limb, liberty and right to property.

4. The learned Additional Public Prosecutor submitted that no complaint / representation is pending.

5. For the present, if the petitioner alleges that she faces threat to her life, limb, liberty and right to property from the seventh respondent, she is directed to give a fresh complaint to the fourth respondent and on such fresh complaint, the fourth respondent is directed to 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 the property of the petitioner. It is made clear that this Court does not order granting of police protection 24 x 7 and the fourth respondent is left to decide on the basis of the objective assessment of the threat perception of the petitioner from time to time.

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

Sd/- Assistant Registrar () // True Copy // Sub Assistant Registrar(CS) To 1.The District Collector, Office of the District Collector, Dindigul District. 2.The Superintendent of Police, Office of the Superintendent of Police,

3.The Special Tahsildar, Office of the Special Tahsildar, Aadhi Dravidar Welfare Schemes, Nilakkottai Taluk, Dindigul District.

4.The Inspector of Police, Vathalakkundu Police Station, Dindigul District. 5.The Village Administrative Officer, Office of the Village Administrative Officer, Virallippatti Village, Nilakkottai Taluk, 6.The Secretary, Virallippatti Village Panchayat, Nilakkottai Taluk, Dindigul District.

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

+1 CC to M/s.S.MALAIKANI, Advocate ( SR-62594[F] dated 25/04/2019 ) Crl.O.P.[MD]No.5941 of 2019 25.04.2019 CS (30/05/2019) 3P 9C