Madras High CourtCRL OP(MD)/6548/2022disposed of

S.P.Saravana Raja v. The Inspector Of Police

2022-04-07Honourable Mr Justice G.K. Ilanthiraiyan2 pages

Crl.O.P.(MD)No.6548 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.04.2022

CORAM:

THE HON'BLE MR.JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.(MD)No.6548 of 2022 S.P.Saravana Raja

...Petitioner

Vs.

1. The Inspector of Police, Theni Town Police Station, Theni District.

2. Dharmar ... Respondents Prayer:

Criminal Original Petition filed under Section 482 Cr.P.C.to direct the 1st respondent to give police protection for life and limb and smooth construction of shopping complex the petitioner's property in Survey No.108/1 to an extent of 30 cents situated at Alli Nagaram Village Theni Taluk and District based on the complaint dated 21.03.2022 for a period as stipulated by this Hon'ble Court.

For Petitioner : Mr.G.Radhakrishnan For Respondents : Mr.R.M.Anbunithi Additional Public Prosecutor (Criminal side) for R1

ORDER

This Criminal Original Petition has been filed to direct the 1st respondent to give police protection for life and limb and smooth construction of shopping complex the petitioner's property in Survey No.108/1, to an extent of 30 cents situated at Alli Nagaram Village Theni Taluk and District based on the complaint dated 21.03.2022 for a period as stipulated by this Court.

2.The petitioner in respect of subject property has filed a suit in O.S.No. 416 of 2006, on the file of the learned District Munsif, Theni, for the relief of declaration and injunction and it was decreed in his favour, by its Judgment dated 29.01.2013. On the strength of the decree, the petitioner is constructing shopping complex in the subject property. However, the second respondent is interfering with the peaceful possession and enjoyment of the petitioner in the subject property.

https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.6548 of 2022 3.Considering the above, the first respondent is directed to conduct enquiry on the complaint lodged by the petitioner, after issuing notice to the petitioner and the second respondent and dispose the same on merits, in accordance with law, within four weeks, from the date of receipt of a copy of this order. 4.With the above directions, this Criminal Original Petition is disposed of.

Sd/- Assistant Registrar(CS I) /TRUE COPY/ / /2022 Sub Assistant Registrar(CS) PNM Note:

In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned. To:

1. The Inspector of Police, Theni Town Police Station, Theni District.

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

ORDER IN Crl.O.P.(MD)No.6548 of 2022 07.04.2022 MK/21.04.2022/2P/3C https://hcservices.ecourts.gov.in/hcservices/ 2/2