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Madras High CourtCRL OP(MD)/5602/2021closed

M.Kathiravan v. The Commissioner Of Police

2021-04-20Honourable Mr Justice G.Ilangovan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 20.04.2021 CORAM :

THE HONOURABLE Mr. JUSTICE G.ILANGOVAN M.Kathiravan

...Petitioner

Vs.

1.The Commissioner of Police, Madurai City, Madurai.

2.The Inspector of Police, Vilakkuthoon Police Station, Madurai City.

3.P.K.Mookaiyathever Load man Labors Association, Malur Main Road, Fruits Market, Vegetable Market, Mattuthavani, K.K.Nagar, T.M.Nagar, Lake area, Madurai-20.

...Respondents

Prayer: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the respondents to give adequate police protection to the petitioner's life and limb and to load and unload the goods to his shop situated at No.37, Keelamarat Veethi, Madurai.

For Petitioner :Mr.K.Sathishkumar For R1 and R2 :Mr.R.Anandharaj Additional Public Prosecutor

ORDER

The present petition is filed seeking a direction to the respondents to give adequate police protection to the petitioner's life and limb and also to load and unload the goods to his shop situated at No.37, Keelamarat Veethi, Madurai. 2.The case of the petitioner is that he is running a shop in the name and style of Muthu Meenakshi Enterprises in the address mentioned in the petition for the past six years. Since the petitioner doing wholesale essential home goods, three days in a week goods have to come and go in the lorry to his shop and the 1/3

petitioner can load and unload the above said goods by using his employees. But the third respondent threatened to kill the petitioner and also extorted money from him by claiming that they lifted the goods to the second floor, where as they lifted the goods to the first floor alone. In this regard, the petitioner has sent a representation to the respondents 1 and 2 on 08.04.2021, but no action has been taken. Hence, the petitioner has filed the present petition before this Court.

3.Heard the learned counsel on either side.

4.According to the learned Additional Public Prosecutor for the respondents 1 and 2, based upon the complaint given by the petitioner, enquiry was undertaken and in the enquiry it came to be light that one Inbaraja was hiring coolie for loading and unloading purpose, he is also the leader of the third respondent's association. During the enquiry, he made statement that he will not make any trouble in loading and unloading activities that took place in the petitioner's shop. Recording the said statement, the petition enquiry was closed. Hence, nothing survives for further adjudication in this case. If any necessity or trouble arise in future, the petitioner is at liberty to approach the respondent police for proper action.

5.With this liberty, the Criminal Original Petition is closed. Sd/- Assistant Registrar (CS I) // True Copy // / /2021 Sub Assistant Registrar(CS) 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 Commissioner of Police, Madurai City, Madurai.

2.The Inspector of Police, Vilakkuthoon Police Station, Madurai City.

2/3

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

+1 CC to M/s.K.SATHISH KUMAR, Advocate ( SR-17014[F] dated 22/04/2021 ) 20.04.2021 RP (26.05.2021) P 5C 3/3