Madras High CourtCRL OP(MD)/15656/2016disposed of

M. Ramu, S/O.Mariyappan, v. The Superintendent Of Police,

2016-08-26Honourable Dr. Justice S. Vimala2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 26.08.2016

CORAM

THE HONOURABLE DR.JUSTICE S.VIMALA Crl.O.P(MD)No.15656 of 2016 M.Ramu .. Petitioner .Vs.

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

2.The Inspector of Police, Thenkarai Police Station, Thenkarai, Theni District.

.. Respondents PRAYER:Criminal Original Petition has been filed under Section 482 of Cr.P.C., praying to direct the second respondent to provide adequate protection for his life and limp forthwith on the basis of the petitioner's complaint, dated 12.02.2016. For Petitioner :Mr.G.Gomathi Sankar For Respondents : Mr.A.P.Balasubramani Government Advocate (Crl. Side)

ORDER

This petition has been filed seeking a direction to the second respondent to provide adequate protection for his life and limp forthwith on the basis of the petitioner's complaint, dated 12.02.2016.

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 lands situated in S.No.126/1 measuring to an extent of 62 cents and S.No.62/2H measuring to an extent of 42 cents originally belonged to the petitioner's vendor's father namely Vellaiappan Chettiar. After the said Vellaippan Chettiar died, the petitioner's vendor namely Ravindran inherited the property. But, one Raghunathan, who is the brother of the petitioner's vendor, created a forged Will as if his father executed a Will in his favour during his life time. On the basis of the said Will, the said Raghunathan, executed a sale deed to R.Xavier Sebestian, Vasantha and Selvakumar. Therefore, the Petitioner's Vendor filed https://hcservices.ecourts.gov.in/hcservices/

a suit in O.S.No.73 of 2010, before the learned District Munsif, Periyakulam, against the said Raghunathan for the relief of declaration, declaring that the alleged Will executed by their father Vellaiappan as null and void and injunction restraining others from his peaceful possession. The suit was decreed in favour of the petitioner's vendor. Pursuant to the decree, the petitioner made a sale agreement with Ravindran. During the pendency of sale agreement, some persons namely, Xavier, Selvakumar and Vasanth threatened the petitioner with dire consequences, in the event of purchasing the property. Hence, the petitioner has made a complaint to the respondent. Since the said complaint 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 petition enquiry is pending.

5. Under such circumstances, without expressing any opinion on the merits of the matter, the respondent is directed to pass final orders on the complaint dated 12.02.2016, within a period of one week from the date of receipt of a copy of this order.

6. With the above direction, this petition is disposed of. Sd/ Assistant Registrar(W) /TRUE COPY/ Sub Assistant Registrar To 1.The Superintendent of Police, Theni District, Theni.

2.The Inspector of Police, Thenkarai Police Station, Thenkarai,Theni District.

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

+1cc to M/S.G.Gomathi, Advocate in SR.No.48390 Crl.O.P(MD)No.15656 of 2016 26.08.2016 jikr PA/SK-SKN/16.09.2016/2P/5C https://hcservices.ecourts.gov.in/hcservices/