Madras High CourtCRL OP(MD)/6174/2019disposed of

S. Rajalakshmi v. The Commissioner Of Police

2019-04-27Honourable Mr Justice N. Seshasayee2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.04.2019

CORAM:

THE HONOURABLE MR.JUSTICE N.SESHASAYEE Crl.O.P.(MD)No.6174 of 2019 S.Rajalakshmi : Petitioner /Vs./ 1.The Commissioner of Police, Office of Commissioner of Police, Palayamkottai, Tirunelveli.

2.The Inspector of Police, Tirunelveli Town Police Station, Tirunelveli. 3.Chitra 4.Murugaraj 5.Kasi : Respondents PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C to direct the second respondent to give police protection for construction work in T.S.No.2007 and the life and limb of the petitioner.

For Petitioner : Mr.K.Abiyia For R-1 & R-2 : Mr.V.Neelakandan Additional Public Prosecutor

ORDER

The petitioner complains that she is disturbed by the respondents 3 to 5 regarding the dispute over a pathway. 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 a civil suit in O.S.No.619 of 2001 was laid before the Principal District Munsif, Tirunelveli, by the respondents regarding the right of pathway, which came to be decreed in favour of the respondents, which was later reversed in A.S.No.306 of 2005 that has become final.

4.The learned Additional Public Prosecutor submitted that the complaint preferred by the petitioner is pending. 5.Inasmuch as the complaint of the petitioner is pending, the second respondent is directed to cause such necessary enquiry on the complaint preferred by the petitioner and take such appropriate action as may be necessary to protect the life, limb, liberty and https://hcservices.ecourts.gov.in/hcservices/

right to property of the petitioner. Since the decree is in favour of the petitioner, it is necessary that the right of the petitioner's property has to be protected. 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 it 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(CS-II) // True Copy // Sub Assistant Registrar(CS) sm To 1.The Commissioner of Police, Office of Commissioner of Police, Palayamkottai, Tirunelveli.

2.The Inspector of Police, Tirunelveli Town Police Station, Tirunelveli. 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1CC TO MR. K.ABIYA, Advocate Sr. No. 63231 Crl.O.P.(MD)No.6174 of 2019 27.04.2019 KG(CO) TR (11.06.2019) 3P 5C https://hcservices.ecourts.gov.in/hcservices/