S.Pandiyammal v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 25.07.2017

CORAM

THE HONOURABLE MR.JUSTICE S.S.SUNDAR Crl.O.P(MD).No.9300 of 2017 S.Pandiyammal .. Petitioner Vs.

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

2.The Deputy Superintendent of Police, Usilampatti Police Station, Usilampatti, Madurai District.

3.The Inspector of Police, Usilampatti Police Station, Usilampatti, Madurai District-625 532 .. Respondents PRAYER: Criminal Original Petition filed under Section 482 of the Criminal Procedure Code, direct the respondents to give adequate police protection for life and limb of petitioner, the members of the trust, teachers and students in the school on the basis of the representation dated 17.07.2017, given by the petitioner. For Petitioner : Mr.D.Vijayaragavan For Respondents : Mr.K.Anbarasan Government Advocate (Crl.Side)

O R D E R

This petition has been filed to direct the respondents to give adequate police protection for life and limb of the petitioner and the members of the trust, teachers and students in the School on the basis of representation of the petitioner dated 17.07.2017.

2. The petitioner claims that she is the Principal and Administrator of the School, as the General Body of the Trust in their meeting has recognized the petitioner as such. It is further alleged that some of the members of the Executive Body were removed by the General Body in its meeting. It is stated that there were some disputes at the instance of the removed members of the Executive Body, namely one R.Gnanasekaran and his wife G.Athirstalakshmi. Alleging that some named individuals are https://hcservices.ecourts.gov.in/hcservices/

interfering with the administration of the school and that they threatened the petitioner and other trust members with dangerous weapons with the help of henchmen, the petitioner has approached this Court seeking police protection to her. The petitioner has also produced the resolution passed by the General body of the Trust. The petitioner also relied upon the registered supplementary deed of Trust and submitted that the respondents are not empowered to adjudicate any issue in case there is any dispute.

3. When the petitioner herself admitted that there is a dispute with regard to her right over the management of the school or in relation to some affairs of trust, the only remedy available to the petitioner is to get appropriate orders from the competent Civil Court in the manner known to law. Even if there is any violation of Civil Court's order, the Civil Court itself is competent to give police protection to the petitioner's possession, if she establishes her lawful possession and gets an order of injunction. The petitioner has not made other individuals against whom she has given complaint, as parties. In such circumstances, this petition cannot be entertained. However, if the petitioner makes out any cognizable offence being committed by anyone, the same shall be dealt with as per law.

4. With the above observation this Petition is dismissed with liberty to the petitioner to approach the Civil Court. Sd/- Assistant Registrar (WRITS) /True copy/ Sub Assistant Registrar To 1.The Superintendent of Police, K.Pudur, Madurai, Madurai District.

2.The Deputy Superintendent of Police, Usilampatti Police Station, Usilampatti, Madurai District.

3.The Inspector of Police, Usilampatti Police Station, Usilampatti, Madurai District-625 532 cmr/rmk MK/KKR/SAR-4/04.09.2017/2P/4C ORDER MADE IN Crl.O.P.(MD) No.9300 of 2017 25.07.2017 https://hcservices.ecourts.gov.in/hcservices/