Madras High CourtCRL OP(MD)/15135/2016disposed of

P. Pathrose, S/O.Pankiras, v. The Superintendent Of Police,

2016-08-22Honourable Dr. Justice S. Vimala2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22.08.2016

CORAM

THE HONOURABLE DR.JUSTICE S.VIMALA Crl.O.P(MD)No.15135 of 2016 P.Pathrose .. Petitioner .Vs.

1. The State rep. by The Superintendent of Police Kanyakumari District.

2. The Inspector of Police Eraniel Police Station Kanyakumari District

3. C.Mohan .. Respondents PRAYER:Criminal Original Petition has been filed under Section 482 of Cr.P.C., praying to direct the respondents to provide adequate police protection for constructing compound wall in all sides in the patta land of the petitioner in Re-sy No.834/20C2 of Nullivilai 'A' Village, Kalkulam Taluk, Kanyakumari District. For Petitioner : Mr.R.Russelraj For Respondents : Mr.A.P.Balasubramani Government Advocate (Crl. Side)

ORDER

This petition has been filed seeking a direction to the respondents 1 and 2 to provide adequate police protection for constructing compound wall in all sides in the patta land of the petitioner in Re-sy No.834/20C2 of Nullivilai 'A' Village, Kalkulam Taluk, Kanyakumari District.

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

3. The learned counsel for the petitioner would submit that the petitioner is the absolute owner of the property and only after obtaining relevant permission from the concerned authorities, he has started constructing the compound wall. However, the third respondent is unnecessarily creating problems and hence, the https://hcservices.ecourts.gov.in/hcservices/

petitioner has sent a representation to the 2nd respondent. Since the said representation has not been considered so far, the petitioner is before this Court with this petition.

4. The learned Government Advocate (Crl. Side) would submit that it is agreeable for them to consider the representation.

5. Under such circumstances, the respondents 1 and 2 are directed to consider the representation of the petitioner dated 05.02.2016 and while making enquiries, the respondents 1 and 2 shall hear the third respondent also and thereafter pass orders on merits and in accordance with law.

6. With the above direction, this petition is disposed of. Sd/- Assistant Registrar (CS-I) /True Copy/ Sub Assistant Registrar To

1. The Superintendent of Police Kanyakumari District.

2. The Inspector of Police Eraniel Police Station Kanyakumari District

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

+ 1 CC TO MR.R.RUSSELRAJ, ADVOCATE IN SR No. 46479 RR JAM/CK : 07/09/2016 : 2P/5C Crl.O.P(MD)No.15135 of 2016 22.08.2016 https://hcservices.ecourts.gov.in/hcservices/