Madras High CourtCRL OP(MD)/15660/2016disposed of

A.Chinnappan, 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.15660 of 2016 A.Chinnappan .. Petitioner .Vs.

1. The Superintendent of Police, Office of the Superintendent of Police, Trichirapalli District.

2. The Deputy Superintendent of Police, Office of the Deputy Superintendent of Police, Musiri Taluk, Trichirapalli District.

3. The Sub Inspector of Police Uppiliyapuram Police Station, Trichirapalli District. .. Respondents PRAYER:Criminal Original Petition has been filed under Section 482 of Cr.P.C., praying to direct the 1st respondent to direct 3rd respondent to give necessary police protection to petitioner and his family members for his life and limbs and to protect the graveyard and cemetery by considering the petitioner's representation, dated 02.08.2016, within the period stipulated by this Court.

For Petitioner : Mr.A.Haja Mohideen For Respondents : Mr.A.P.Balasubramani Government Advocate (Crl. Side)

ORDER

This petition has been filed seeking a direction to the 1st respondent to direct 3rd respondent to give necessary police protection to petitioner and his family members for his life and limbs and to protect the graveyard and cemetery by considering the petitioner's representation, dated 02.08.2016

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

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3. The learned counsel for the petitioner would submit that petitioner is the elderly person for his branch of Vahayarah and in the petitioner's village the areas in Survey Nos.103/3 and 597/9 were allotted for burial purpose. The petitioner made a representation, dated 02.08.2016 to the first respondent seeking protection by stating that one Rajesh and his associates were trespassed into the graveyard allotted to their vahayarah, abused and threatened the petitioner with dire consequences. Since the representation is not considered so far, the petitioner is before this Court.

4. The learned Government Advocate (Crl. Side) would submit that it is agreeable for them to consider the representation dated 02.08.2016.

5. Under such circumstances, without expressing any opinion on the merits of the matter, the third respondent is directed to consider the representation of the petitioner dated 02.08.2016 and while making enquiries, the respondent shall hear the other interested persons 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 (AE) /True Copy/ Sub Assistant Registrar To

1. The Superintendent of Police, Office of the Superintendent of Police, Trichirapalli District.

2. The Deputy Superintendent of Police, Office of the Deputy Superintendent of Police, Musiri Taluk, Trichirapalli District.

3. The Sub Inspector of Police Uppiliyapuram Police Station, Trichirapalli District.

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

+ 1 CC TO MR.A.HAJA MOHIDEEN, ADVOCATE IN SR No. 47956 JIKR TE/DB : 14/09/2016 : 2P/6C Crl.O.P(MD)No.15660 of 2016 26.08.2016 https://hcservices.ecourts.gov.in/hcservices/