Madras High CourtCRL OP(MD)/21650/2016disposed of

K.Boss, S/O Krishnan Servai, v. The Superintendent Of Police,

2016-11-15Honourable Mr Justice K. Kalyanasundaram2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 15.11.2016

CORAM:

THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM Crl.O.P.(MD)No.21650 of 2016 K.Boss ..

Petitioner Vs.

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

2.The Inspector of Police, Thirupachethi Police Station, Sivagangai District.

3.K.Balamani 4.P.Kannan 5.P.Muthumani ..Respondents Prayer: Petition is filed under Section 482 of Cr.P.C., to direct the 2nd respondent to give adequate protection for the life and limb of the petitioner and his family, based on the petitioner's complaint dated 26.08.2016.

For petitioner :Mr.S.Kameswaran For respondents :Mr.P.Kannithevan Government Advocate(Criminal Side) for RR 1 and 2

O R D E R

This petition is filed seeking a direction to the 2nd respondent to give adequate police protection to the life and limb of the petitioner and his family members, by considering his representation dated 26.08.2016.

2.The case of the petitioner is that he purchased a property from one Chinnamarappa Gounder through a registered sale deed, dated 05.03.2008 to an extent of 13,925 sq.ft. in Survey No.80 1B-1 and thereafter, he has been in possession and enjoyment of the same. Since his possession was disturbed by one Balamani and others, he was constrained to file a suit in O.S.No.76 of 2009 before the learned District Munsif, Sivagangai for declaration and permanent injunction. After contest, the suit was decreed on 29.01.2011 and the appeal preferred by the defendant in A.S.No.102 of 2011 was also dismissed on 07.01.2014.

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3. The petitioner would further state that when he was taking steps to demolish the old building to construct a new building, there was objection from the other side. Hence, he gave a representation to the respondents 1 and 2 seeking police protection. Since no order was passed, he has filed the present petition.

4. Heard Mr.S.Kameswaran, learned counsel for the petitioner and the learned Government Advocate (Crl. Side) for the State. 5.Considering the facts and circumstances, the second respondent is directed to consider the representation of the petitioner dated 26.08.2016 and pass orders on merits and in accordance with law, after providing opportunity to the necessary parties, within a period of four weeks from the date of receipt of a copy of this order.

6. With the above direction, this Criminal Original Petition is disposed of.

Sd/- Assistant Registrar(CSII) /True Copy/ Sub Assistant Registrar 15.11.2016 PJL To 1.The Superintendent of Police, Sivagangai, Sivagangai District.

2.The Inspector of Police, Thirupachethi Police Station, Sivagangai District.

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

+1cc to Mr.S.Kameswaran Advocate Sr.No. 69892 JAM/01.12.16/SS 2/2p-5c Crl.O.P.(MD)No.21650 of 2016 15.11.2016 https://hcservices.ecourts.gov.in/hcservices/