Madras High CourtCRL OP(MD)/5413/2018disposed of

Natesan v. The Superintendent Of Police

2018-04-09Honourable Mr Justice D. Krishnakumar2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.04.2018

CORAM:

THE HONOURABLE MR.JUSTICE D. KRISHNAKUMAR Crl.O.P.(MD).No.5413 of 2018 Natesan : Petitioner Vs.

1.The Superintendent of Police, Thoothukudi District, Thoothukudi.

2.The Inspector of Police, Sawayarpuram Police Station, Thoothukudi District.

3.N.Muthukumar : Respondents Prayer: This Criminal Original Petition is filed under Section 482 of Cr.P.C., for issuing a direction to the second respondent to give adequate police protection to the petitioner's life and limb based on the petitioner's representation dated 01.03.2018. For Petitioner : Mr. A.D. Ganeshmoorthi For respondent Nos.1 and 2 : Mr. K.K. Ramakrishan Additional Public Prosecutor

ORDER

This Criminal Original Petition is filed for issuing a direction to the second respondent to give adequate police protection to the petitioner's life and limb, based on the petitioner's representation dated 01.03.2018.

2. According to the petitioner, the house property, where the petitioner is residing, is a common property. Now, the third respondent, who is the son of the petitioner, has threatened the petitioner and abused him in filthy language and thrown away him from the said house on 25.02.2018. Hence, the petitioner has given a representation to the respondent Nos. 1 and 2, on 01.03.2018 to provide police protection for his life and limb, but, till date no action is taken.

3. The learned Additional Public Persecutor appearing for the respondent Police would submit that the petitioner can agitate his grievance under Section 5 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, before the competent authority. https://hcservices.ecourts.gov.in/hcservices/

4. Considering the said submissions made by the learned counsels appearing on either side, this Court is inclined to pass the following direction:

"It is open to the petitioner to approach the competent authority under Section 5 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 and in the meantime, the second respondent Police is directed to consider the petitioner's representation, dated 01.03.2018, for providing police protection, and pass appropriate orders on merits and in accordance with law, within a week from the date of receipt of a copy of this order."

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

Sd/- Assistant Registrar(C.O) /True Copy/ Sub-Assistant Registrar To 1.The Superintendent of Police, Thoothukudi District, Thoothukudi.

2.The Inspector of Police, Sawayarpuram Police Station, Thoothukudi District.

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

+1cc to Mr.A.D.Ganesh Moorthi, Advocate, SR.No.60440 trp RL/5C/2P/SV/MMS/SAR1/18/4/2018 Crl.O.P.(MD).No.5413 of 2018 https://hcservices.ecourts.gov.in/hcservices/ 09.04.2018