Madras High CourtCRL OP(MD)/13963/2016disposed of

A.Mohamad Ali Jinna v. The Commissioner Of Police

2016-08-08Honourable Dr. Justice S. Vimala2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.08.2016

CORAM

THE HON'BLE DR.JUSTICE S.VIMALA Crl.O.P.(MD) No.13963 of 2016 A.Mohamed Ali Jinna ... Petitioner -vs1.The State rep. by The Commissioner of Police, Madurai City.

2.The Inspector of Police, Thideer Nagar Police Station, Madurai District 3.S.A.S.Munsi ... Respondents Prayer: Criminal Original Petition filed under Section 482 of Cr.P.C., praying to direct the Inspector of Police, L & O, Thideer Nagar Police Station, Madurai District to award adequate police protection while at the time of removing the wall in connection with the construction work being undertaken by the petitioner in T.S.No.1485/2, TPK Road, Ward No.32, Madurai City based on the representation dated 04.07.2016.

For Petitioner : M/s.R.Anand For Respondents : Mr.A.P.Balasubramani Govt. Advocate (Crl.Side)

O R D E R

This petition has been filed for a direction to the Inspector of Police, L & O, Thideer Nagar Police Station, Madurai District to give adequate police protection while at the time of removing the wall in connection with the construction work being undertaken by the petitioner in T.S.No.1485/2, TPK Road, Ward No.32, Madurai City based on the representation dated 04.07.2016.

2. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl. Side) for the respondents.

3. The learned counsel for the petitioner submitted that the compound wall of the petitioner in T.S.No.1485/2, TPK Road, Madurai, is in a dilapidated condition and therefore, he wanted to demolish the same and put up new construction. However, it was https://hcservices.ecourts.gov.in/hcservices/

objected to by the 3rd respondent. Therefore, a representation dated 04.07.2016 has been submitted to the respondents 1 and 2 to give police protection to demolish the compound wall. Since the said representation has not been considered so far, the petitioner is before this Court with this petition.

4. It is submitted by the learned counsel for the petitioner that there is an undertaking by the petitioner that at the time of removal of the compound wall, if any damage is caused to the third respondent, he will either repair/renew/compensate the damage.

54. In view of the above, there shall be a direction to the 2nd respondent police to give police protection to the petitioner for only one day, ie, on 11.08.2016, on which date, the demolition is scheduled to be taken place.

With the above direction, this petition is disposed of. Sd/- Assistant Registrar (T&P) /True copy/ Sub Assistant Registrar To The Commissioner of Police, Madurai City.

2.The Inspector of Police, Thideer Nagar Police Station, Madurai District 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. +1 CC to M/sR.ANAND, Advocate, SR No.42776 Crl.O.P.(MD)No.13963 of 2016 08.08.2016 SH/ARK-PV/SAR-III:10.08.2016:2P/5C https://hcservices.ecourts.gov.in/hcservices/