Madras High CourtCRL OP(MD)/3982/2021disposed of

S.Rethinam v. The Superintendent Of Police

2021-10-21Honourable Mr Justice G.Ilangovan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.10.2021

CORAM:

THE HON'BLE MR JUSTICE G.ILANGOVAN S.Rethinam : Petitioner Vs.

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

2.The Inspector of Police, Thisaiyanvilai Police Station, Thisaiyanvilai, Tirunelveli District.

3.P.Selvi 4.M.Rajkumar 5.A.Perumal 6.A.Shankar Dhaanu 7.Koil Poosari Shanmugam 8.Bullet Sounder 9.Selvakumar : Respondents Prayer: Criminal Original Petition is filed under Section 482 of the Criminal Procedure Code, to direct the second respondent that to provide adequate police protection to the life and limb of the petitioner and her family members, as well as to the construction works of the petitioner in the land in Re.Survey No.11/19, Mohangandhi Street, Thisaiyanvilai, Tirunelveli District by considering the petitioner's representation dated 06.03.2021 within the time limit that may be stipulated by this Court. For Petitioner : Mr.M.S.Jeyakarthik For R1 & R2 : Mr.K.Sanjay Gandhi Government Advocate(Crl.side)

O R D E R

This petition is filed seeking a direction to the second respondent to give police protection with regard to the life and limb as well as the property situated in Re.Survey No.11/19, Mohangandhi Street, Thisaiyanvilai, Tirunelveli District by considering the petitioner's representation dated 06.03.2021.

2. The learned Government Advocate (Crl.side) has produced the copy of the closure report. The learned Government Advocate (Crl.side) would submit that based upon the representation made by 1/3

the petitioner, enquiry was undertaken in C.P.No.181 of 2021 and during the course of enquiry, the petitioner did not appear. But however, the counter respondent appeared and gave a statement to the effect that they will not make any trouble or disturbance for making house construction.

3. However, the learned counsel for the petitioner would submit that he was regularly appearing before the Enquiry Officer, but a wrong statement has been given in the closure report that on the basis of the undertaking given by the private respondents to the effect that they will not make any trouble to the petitioner, the complaint was closed.

4. Recording the closure report as well as the statement given by the private respondent, nothing more to be adjudicated or considered in this petition. If any trouble arises in future and in the event of the private respondents violates their undertaking, the petitioner is at liberty to initiate appropriate proceedings.

5. With the abovesaid liberty, this petition is disposed of as infructuous.

Sd/- Assistant Registrar (AD-II) // True Copy // / /2021 Sub Assistant Registrar(CS) CM Note :

In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To, 1.The Superintendent of Polic, Tirunelveli District, Tirunelveli.

2.The Inspector of Police, Thisaiyanvilai Police Station, Thisaiyanvilai, Tirunelveli District.

2/3

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

+1 CC to M/s.M.S.JEYAKARTHIK, Advocate (SR-32267[F] dated 22/10/2021) 21.10.2021 NSN(CO) GC(28.10.2021) 3P 5C 3/3