V.Mokkaiya v. The Deputy Superintendent Of

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.04.2017

CORAM:

THE HONOURABLE MR.JUSTICE A.M.BASHEER AHAMED Crl.OP(MD)No.5403 of 2017 V.Mokkaiya : Petitioner Vs.

1.The Deputy Superintendent of Police, Ponnamaravathi Division, Pudukkottai.

2.The Sub-Inspector of Police, Namanasamuthram Police Station, Ponnamaravathi Division, Pudukkottai.

3.V.Arasappan : Respondents Prayer: Criminal Original Petition is filed under Section 482 of Cr.P.C., praying to direct the 2nd respondent to provide sufficient police protection to the petitioner on the basis of his representation dated 20.04.2017 to put up fence in his property comprised in S.No.865/1,2,4A and 4C, an extent of 89 Cents, situated in Lembalakudi Village, Thirumayam Taluk, Pudukkottai District.

For Petitioners : Mr.Babu Rajendran For Respondents : Mr.P.Kandasamy (R1 and R2) Government Advocate (crl.side)

ORDER

This Criminal Original Petition is filed praying to direct the 2nd respondent to provide sufficient police protection to the petitioner, on the basis of his representation, dated 20.04.2017, to put up fence in his property comprised in S.No.865/1,2,4A and 4C, to an extent of 89 Cents, situated in Lembalakudi Village, Thirumayam Taluk, Pudukkottai District.

2. The learned counsel appearing for the petitioner would submit that, when the petitioner attempted to fence his property, some unruly elements prevented the petitioner from doing so. Further, the 3rd respondent trespassed into the petitioner's property and took all the cutting trees with him and therefore, the petitioner has lodged a complaint against the 3rd respondent, before the 2nd respondent, seeking police protection to put up the https://hcservices.ecourts.gov.in/hcservices/

fence in his property on 20.04.2017.

3. The learned Government Advocate (crl.side) appearing for the respondents 1 and 2 states that the representation given by the petitioner herein, for police protection would be considered by the respondent Police, in accordance with law.

4. Considering the above facts and circumstances of the case and also considering the submissions made on either side, the 2nd respondent Police is directed to consider the representation of the petitioner, dated 20.04.2017, on merits and in accordance with law and to give police protection to the petitioner herein, for putting up the fence in his property, if necessary.

5. With the above direction, this Criminal Original Petition is ordered accordingly.

Sd/- Assistant Registrar( ) /True Copy/ Sub Assistant Registrar - To 1.The Deputy Superintendent of Police, Ponnamaravathi Division, Pudukkottai.

2.The Sub-Inspector of Police, Namanasamuthram Police Station, Ponnamaravathi Division, Pudukkottai.

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

+1cc to Mr.Babu Rajendran,Advocate,SR.55258 Crl.OP(MD)No.5403 of 2017 28.04.2017 MPK kk/RSK/09.05.2017-2P-5C https://hcservices.ecourts.gov.in/hcservices/