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Madras High CourtCRL OP(MD)/12932/2017disposed of

K.Ramesh Kumar v. The Superintendent Of Police

2017-09-27Honourable Mr Justice M.V. Muralidaran2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:27.09.2017

CORAM:

THE HONOURABLE MR.JUSTICE M.V.MURALIDARAN CRL.O.P.(MD)No.12932 of 2017 K.Ramesh Kumar ... Petitioner -Vs1. The Superintendent of Police, Sivagangai District, Sivagangai.

2. The Inspector of Police, Karaikudi South Police Station, Karaikudi.

3.R.Vairavel ... Respondents PRAYER: Criminal Original petition filed under Section 482 of Criminal Procedure Code, to direct the respondents 1 and 2 to provide the police protection to the petitioner's life and limb and his property.

For Petitioners : Mr.S.Chellapandian For R1 and R2 : Mr.K.Anbarasan, Government Advocate(Crl.Side)

O R D E R

This Criminal Original petition has been filed seeking a direction to the respondents 1 and 2 to provide the police protection to the petitioner's life and limb and his property.

2. Heard the learned counsel appearing for the petitioners and the learned Government Advocate(Criminal side) appearing for the respondents 1 and 2.

3.According to the petitioner, petitioner's father purchased a residential property at No.42, South Street, Karaikudi, Sivagangai District in the year 1966, which is now in the hands of the petitioner. The petitioner's neighbour one Vairavel claimed right over the property and filed O.S.No.81 of 2007 on the file of District Munsif, Karaikudi and the same was dismissed. Challenging https://hcservices.ecourts.gov.in/hcservices/

the same, he filed A.S.No.24 of 2013 before the Sub Court, Devakottai, which was also dismissed. Despite the same, he trespassed into the petitioner's property and demolished the walls situated at the eastern side of the property and threatened the petitioner with dire consequences. The complaint given to the second respondent on 14.07.2015 has not been considered. Once again, when the petitioner intended to do maintenance work in the north east portion of the wall on 14.07.2017, the said Vetrivel destroyed materials worth Rs.25,000/-. Again the petitioner made a complaint to the 2nd respondent on 14.07.2017 and the same also did not yield any result. Hence the petitioner has approached this Court with the present petition.

4.Considering the facts and circumstances of the case, this Court directs the respondents Police to consider the complaint of the petitioner dated 14.07.2017, and provide the police protection to the petitioner's life and limb.

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

Sd/- Vacation Officer /True Copy/ Sub Assistant Registrar To

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

2. The Inspector of Police, Karaikudi South Police Station, Karaikudi.

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

+ 1 cc TO Mr.S.Chellapandian , Advocate in SR No. 81207 cp/sj AE/JC/SAR3/04.10.2017/2P/5C CRL.O.P.(MD)No.12932 of 2017 27.09.2017 https://hcservices.ecourts.gov.in/hcservices/