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Madras High CourtCRL OP(MD)/14285/2016disposed of

Jeya v. The Superintendent Of Police

2016-08-11Honourable Dr. Justice S. Vimala2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.08.2016

CORAM

THE HON'BLE DR.JUSTICE S.VIMALA Crl.O.P.(MD) No.14285 of 2016 Jeya ... Petitioner -vs1.

The Superintendent of Police, Kanyakumari District, Nagercoil.

2.

The State rep. by The Inspector of Police, Nithiraivilai Police Station, Kanyakumari District.

3.

Rusewelt 4.

Selvi ... Respondents Prayer: Criminal Original Petition is filed under Section 482 of Cr.P.C., to direct the 1st and 2nd particularly the second respondent to provide protection for the life and limb to the petitioner in leading her life at Thuthivilai Veedu, Nithiravilai Post, Ezhudesam Village, Vilavancode Taluk, Kanyakumari District forthwith based on the petitioner representation dated 22.12.2015.

For Petitioner :

Mr.S.Panalivelayutham For Respondents :

Mr.A.P.Balasubramani 1 and 2 Govt. Advocate (Crl.Side)

O R D E R

This petition has been filed, seeking a direction to the second respondent to provide protection for the life and limb to the petitioner in leading her life at Thuthivilai Veedu, Nithiravilai Post, Ezhudesam Village, Vilavancode Taluk, Kanyakumari District forthwith based on the petitioner representation dated 22.12.2015.

2. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.Side) appearing for the respondents 1 and 2.

3. The case of the petitioner is that though the third respondent, who is the first wife's son of the petitioner's husband, namely, Rusewelt and the fourth respondent, his wife, https://hcservices.ecourts.gov.in/hcservices/

have failed in their attempt to evict the petitioner from peaceful possession and enjoyment of her house property, by filing a civil suit in O.S.No.55 of 2014, they have been repeatedly interfering with the peaceful possession and enjoyment of the petitioner's property and hence, the petitioner has submitted a representation dated 22.12.2015 for police protection and the same has not been considered so far and therefore, the petitioner is before this Court with the relief stated supra. 4.

Once a representation has been received by the respondents, it is their bounden duty to decide on the same in one way or the other. Therefore, this Court, without going into the merits of the matter, directs the second respondent to consider the representation of the petitioner dated 22.12.2015 and pass orders thereon on merits and in accordance with law within a period of two weeks from the date of receipt of a copy of this order.

Sd/ Assistant Registrar(CS-II) /TRUE COPY/ Sub Assistant Registrar To:

1.

The Superintendent of Police, Kanyakumari District, Nagercoil.

2.

The Inspector of Police, Nithiraivilai Police Station, Kanyakumari District.

3.

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

Crl.O.P.(MD) No.14285 of 2016 11.08.2016 srm SD/DB/12.09.2016/2P/4C https://hcservices.ecourts.gov.in/hcservices/