Madras High CourtCRL OP(MD)/6990/2022disposed of

M.Sundarraj v. The Superintendent Of Police

2022-04-18Honourable Mr Justice G.K. Ilanthiraiyan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 18.04.2022

CORAM

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN M.Sundaraj ... Petitioner Vs.

1.The Superintendent of Police, O/o.The Superintendent of Police, Subramaniapuram, Thiruchirappalli District.

2.The Deputy Superintendent of Police, O/o.The Deputy Superintendent of Police, Musiri, Tiruchirappalli District.

3.The Inspector of Police, Thuraiyur Police Station, Thiruchirappalli District.

4.P.Rajendran 5.P.Krishnamoorthy

...Respondents

Prayer: Criminal Original Petition is filed under Section 482 Cr.P.C., to direct the respondents 1 to 3 to provide adequate police protection to the life and limb of the petitioner and also to protect the property rights of the petitioner in Survey Nos.57/1 and 58/1B situated at Osarapalli Village, Thuraiyur Taluk, Thiruchirappalli District.

For Petitioner : Mr.D.Shanmugaraja Sethupathi For R1 - R3 : Mr.K.Sanjai Gandhi Government Advocate (Criminal Side)

ORDER

This Criminal Original Petition has been filed to direct the respondents 1 to 3 to provide adequate police protection to the life and limb of the petitioner and also to protect the property rights of the petitioner in Survey Nos.57/1 and 58/1B situated at Osarapalli Village, Thuraiyur Taluk, Thiruchirappalli District. 1/3

2.The petitioner's father has filed a suit in O.S.No.46 of 2008 before the I Additional Subordinate Court, Tirchy, for specific performance as against the respondents 4 and 5 herein in respect of the property in Survey Nos.58/1 and 58/1B to the extent of 2.70 Acres and 2.31 Acres respectively situated at Osarapalli Village, Thuraiyur Taluk, Thiruchirappalli District. The said suit was decreed in favour of the petitioner's father on 14.06.2010. Accordingly, the Court below executed a sale deed in favour of the petitioner's father and patta was also transferred in the name of the petitioner's father vide patta No.729. Thereafter, the father of the petitioner has executed a settlement deed in respect of the petitioner herein.

While being so, the petitioner intended to put up fencing over the property, the 4th and 5th respondents have been threatening the petitioner and interfering with the possession of the property. Therefore, the petitioner seeks police protection. 3.The learned Government Advocate (Crl.side) appearing for the respondent police submitted that on receipt of the complaint from the petitioner, a detailed enquiry was conducted after calling upon the respondents 4 and 5 herein and the respondents 4 and 5 undertook before the third respondent herein that they will not interfere with the possession of the property of the petitioner herein. 4.Recording the said submission made by the learned Government Advocate (Crl.Side), the Criminal Original Petition is disposed of. Sd/- Assistant Registrar (A.D.

I) // True Copy // / /2022 Sub Assistant Registrar(CS) vsd To 1.The Superintendent of Police, O/o.The Superintendent of Police, Subramaniapuram, Thiruchirappalli District.

2.The Deputy Superintendent of Police, O/o.The Deputy Superintendent of Police, Musiri, Tiruchirappalli District.

3.The Inspector of Police, Thuraiyur Police Station, Thiruchirappalli District.

2/3

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

+1 CC to M/s.D. SHANMUGARAJA SETHUPATHI, Advocate ( SR-19303[F] dated 19/04/2022 ) 18.04.2022 RD(12.05.2022) 3P 6C 3/3