B.Annathayammal v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 19.03.2021 CORAM :

THE HONOURABLE Mrs. JUSTICE R.THARANI Crl.O.P.(MD)No.4259 of 2021 B.Annanthayammal ... Petitioner Vs.

1.The Inspector of Police, Theni Police Station, 2.The Superintendent of Police, Theni District, 3.T.Natarajan ... Respondents Prayer : Criminal Original Petition filed under Section 482 of Cr.P.C., to direct the respondents 1 and 2 to give adequate police protection to the life and limb of the petitioner and her family members to put up construction in her property in S.No.2350, situate at Door No.45, Ward NO.19, Narendradev Street, Samatharmapuram, Theni on the basis of the complaint dated 22.02.2021.

For Petitioner : Mr.K.Sureshkumar For Respondents 1 and 2 : Mr.A.Robinson Government Advocate

ORDER

This petition is filed to direct the second respondent herein to provide necessary police protection to the life and limbs of the petitioner and her family members and to put up construction in her property in S.No.2350, situated at Door No.45, Ward No.19, Narendradev Street, Samatharmapuram, Theni on the basis of the complaint dated 22.02.2021.

2.On the side of the petitioner, it is stated that the petitioner obtained a decree against the third respondent and the petitioner also obtained the order to restrain the third 1 / 3

respondent and for police help. The encroachment was already removed. Even then the third respondent is taking steps to disturb the possession of the petitioner and prayed for a direction to give police protection to the petitioner.

3.On the side of the respondents 1 and 2, it is stated that the petition given by the petitioner was taken on file as C.S.R.No.115 of 2021. The third respondent was called upon for enquiry and he gave a statement that he will not disturb the possession of the petitioner and the C.S.R was thereby, closed. 4.In the above circumstances, there is no disturbance for the possession of the petitioner. The copy of the Court order passed in E.A.No.78 of 2018, E.A.No.23 of 2017 in E.P.No.20 of 2016 in O.S.No.52 of 2014 is filed. In view of the above, the respondents 1 and 2 if required are hereby directed to give police protection to the petitioner and her family members. 5.With the above direction, this Criminal Original Petition is disposed of.

Sd/- Assistant Registrar (Crl side) // True Copy // / /2021 Sub Assistant Registrar(CS) Mrn 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 Inspector of Police, Theni Police Station, 2 / 3

2.The Superintendent of Police, Theni District, 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1 CC to M/s.K.SURESH KUMAR, Advocate ( SR-12677[F] dated 22/03/2021 ) Crl.O.P.(MD)No.4259 of 2021 19.03.2021 VB (30/04/2021) 3P / 5C 3 / 3