Madras High CourtCRL OP(MD)/3104/2017disposed of

Tmt. Rajamanicka Nachiar @ v. The Assistant Commissioner Of

2017-03-22Honourable Mr Justice P. N. Prakash2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.03.2017

CORAM:

THE HONOURABLE MR.JUSTICE P.N.PRAKASH CRL.O.P.(MD)No.3104 of 2017 1.Tmt.Rajamanicka Nachiar @ Kala 2.P.Mathivanan : Petitioners -Vs1.The Assistant Commissioner of Police, Thanjavur Town (South), Thanjavur District.

2.The Inspector of Police, South Town Police Station, Thanjavur District.

3.K.B.M.Nagendra Sethupathi 4.Kumaran Sethupathi : Respondents PRAYER: Petition is filed under Section 482 of the Criminal Procedure Code praying to direct the first and second respondents to give adequate police protection to the petitioners and their family members, based on the complaint of the petitioners dated 09.03.2017 and follow up order of the Revenue Divisional Officer dated 10.03.2017.

For Petitioners : Mr.N.Ananthapadmanabhan For Respondents 1&2 : Mr.A.P.Balasubramani, Government Advocate (Crl.side) For Respondents 3&4 : Mrs.B.Bhuvaneswari **********

O R D E R

It is the case of the petitioners that they are in possession of the property at No.5, Madhukkoor Illam, Daniel Thomas Nagar, Thanjavur and that the third and fourth respondents are trying to dispossess them. Hence, the petitioners are before this Court for a direction to the respondent police to give them police protection.

2. Heard the learned counsel for the petitioners, the learned Government Advocate (Criminal side) for the first and second respondents and the learned counsel appearing for the third and fourth respondents.

3. Today, Mr.M.Murugesan, Sub-Inspector of Police, Thanjavur South Police Station, is present. On instructions, the learned Government Advocate (Criminal side) submitted that based on the https://hcservices.ecourts.gov.in/hcservices/

complaint given by the petitioners, three First Information Reports have been registered, viz., Crime No.75 of 2017, under Section 107 of the Code of Criminal Procedure, Crime No.76 of 2017 under Section 107 of the Code of Criminal Procedure and Crime No.77 of 2017, under Sections 447, 294(b) and 506(2) of the Indian Penal Code. Similarly, on the complaint lodged by one Petchimuthu Manickam, a case in Crime No.78 of 2017 has been registered against Rajamanicka Nachiar @ Kala, Mathivanan, Venkatesan and Pandidurai, under Sections 294(b), 506(1), 427 and 379 of the Indian Penal Code.

4. Admittedly, there are civil suits pending between the parties. That apart, the Revenue Divisional Officer has initiated proceedings under Section 145 of the Code of Criminal Procedure in M.C.No.1/2017-A3, dated 10.03.2017, wherein he has given a preliminary finding that the petitioners are in possession of the disputed property and he has also directed that status quo should have to be maintained.

5. In view of the above, the respondent police is directed to ensure that the order dated 10.03.2017 passed by the Revenue Divisional Officer is implemented and status quo maintained until further orders of the Revenue Divisional Officer or Civil Court, as the case may be.

6. The Criminal Original Petition is disposed of with the above direction.

Sd/- Assistant Registrar(RTI) /True Copy/ Sub-Assistant Registrar To 1.The Assistant Commissioner of Police, Thanjavur Town (South), Thanjavur District.

2.The Inspector of Police, South Town Police Station, Thanjavur District.

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

+1 CC TO MR.K.PRABHU,ADVOCATE,SR NO.17140 +1 CC TO MR.N.ANANTHA PADMANABAN,ADVOCATE,SR NO.16716 SML MAS/SKN-RSK/SAR3:27.03.2017:2P-6C Order made in CRL.O.P.(MD)No.3104 of 2017 22.03.2017 https://hcservices.ecourts.gov.in/hcservices/