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Madras High CourtCRL OP(MD)/4297/2021allowed

Muthulakshmi v. The Superintendent Of Police

2021-03-19Honourable Mrs Justice R. Tharani3 pages

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

THE HONOURABLE Mrs. JUSTICE R.THARANI Crl.O.P.(MD)No.4297 of 2021 Muthulakshmi ... Petitioner Vs.

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

2.The Deputy Superintendent of Police, Dindigul, Dindigul District.

3.The Inspector of Police, Dindigul Taluk Police Station, Dindigul District.

4.Pasupathi 5.Murugan ... Respondents Prayer : Criminal Original Petition filed under Section 482 of Cr.P.C., to direct the third respondent to give a police protection for the petitioner's life and limb as well as to survey and to fix a boundaries stone and fencing in survey No.409/2B1A situated at Balakrishnapuram Village, Dindigul East Taluk, Dindigul District on the basis of her representation dated 16.03.2021.

For Petitioner : Mr.C.Susikumar For Respondents 1 to 3 : Mr.A.Robinson Government Advocate

ORDER

This petition is filed to direct the third respondent herein to provide police protection for the petitioner's life and limb as well as to survey and to fix a boundaries stone and fencing in survey No.409/2B1A situated at Balakrishnapuram Village, Dindigul East Taluk, Dindigul District on the basis of her representation dated 13.03.2021.

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2.On the side of the petitioner, it is stated that the petitioner is the wife of deceased Loganathan, having two minor children. The husband of the petitioner died in the year 2007. The husband was allotted with the house site. The brother of the husband of the petitioner illegally claiming the property. The petitioner approached the civil Court and obtained a decree in O.S.No.291 of 2013. Even then the respondents 4 and 5 on the instigation of the brother of the husband, is disturbing the petitioner and prayed for a direction to give police protection to the petitioner.

3.On the side of the respondents 1 to 3, it is stated that earlier a petition was filed by the petitioner and the same was numbered as C.S.R.No.235 of 2021 and that petition was closed, since it is a civil dispute. Again the petitioner has filed a petition before the second respondent and the same was registered as C.S.R.No52/R7/RSD.DGL/2021 and the same is pending for enquiry. 4.In view of the above, the respondents 1 to 3 are hereby directed to complete the petition enquiry in accordance with law and to do the needful within a period of two months from the date of receipt of copy of this order.

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

Sd/- Assistant Registrar (CS-II) // 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.

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To 1.The Superintendent of Police, Dindigul, Dindigul District.

2.The Deputy Superintendent of Police, Dindigul, Dindigul District.

3.The Inspector of Police, Dindigul Taluk Police Station, Dindigul District.

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

+1 CC to M/s.C.SUSIKUMAR, Advocate ( SR-12579[F] dated 19/03/2021 ) Crl.O.P.(MD)No.4297 of 2021 19.03.2021 VB (30/04/2021) 3P / 6C 3 / 3