Madras High CourtCRL OP(MD)/5703/2021disposed of

Athinamilagi v. The Superintendent Of Police

2021-04-21Honourable Mr Justice G.Ilangovan2 pages

Crl.O.P.(MD)No.5703 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.04.2021 CORAM :

THE HONOURABLE Mr. JUSTICE G.ILANGOVAN Crl.O.P.(MD)No.5703 of 2021 Athinamilagi ... Petitioner Vs.

1. The Superintendent of Police, Madurai District, Madurai.

2. The Inspector of Police, Keelavalavu Police Station, Keelavalavu, Madurai District.

3. Alagammal

4. Nachammal

5. Kowsalya ... Respondents Prayer : Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure, pleased to direct the 2nd respondent to give necessary police protection to remove the Seemai Karuvelam Trees from the petitioner's punja land, situated at S.No.728/5B, Saruguvalaiyapatti Village, Melur Taluk, Madurai District, based on the petitioner's representation, dated 29.03.2021. For Petitioner : Mr.P.Santhana Krishnan For Respondents : Mr.K.Suyambulinga Bharathi Government Advocate (Crl.Side) for R1 & R2.

ORDER

According to the learned counsel for the petitioner, the 3rd and 4th respondents are making trouble in respect of which a suit in O.S.467 of 2013 was filed on the file of the learned District Munsif Court, Melur and decreed and later a complaint has been given by the petitioner, stating that the respondents 3 & 5 are making trouble.

2. According to the learned Public Prosecutor, based upon the complaint given by the petitioner, enquiry was conducted and in the enquiry, the respondents 3 to 5 undertook that they will not disturb the possession and enjoyment of the property by the petitioner. Based upon which, the enquiry was closed.

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Crl.O.P.(MD)No.5703 of 2021

3. Once again, it appears that the respondents 3 to 5 are making trouble and on that basis the representation was sent and it is pending for enquiry.

4. Since the Civil Court decree is infavour of the petitioner, the respondent Police are directed to consider the representation dated 29.03.2021 made by the petitioner within 15 days from the date of receipt of a copy of this order on merits after enquiry of the other parties also.

5. With these directions, this Criminal Original Petition stands disposed of.

Sd/- Assistant Registrar (CSIII) // 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.

1. The Superintendent of Police, Madurai District, Madurai.

2. The Inspector of Police, Keelavalavu Police Station, Keelavalavu, Madurai District.

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