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Madras High CourtCRL OP(MD)/7189/2020disposed of

Velavendan v. The Superintendent Of Police

2020-07-09Honourable Mr Justice G.Ilangovan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 09.07.2020

CORAM:

THE HONOURABLE Mr.JUSTICE R.PONGIAPPAN Velavendan

...Petitioner

Vs.

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

2.The Inspector of Police, Natham Police Station, Dindigul District.

3.Ganesan 4.Sumathi

...Respondents

PRAYER: Petition filed under Section 482 of Criminal Procedure Code, praying to direct the 1st respondent to instruct the 2nd respondent to provide Police protection to the petitioner for his peaceful possession in Door No.1/159, Sub Registrar Opp, Sendurai Natham Taluk, Dindigul District, based on the representation of the petitioner dated 27.06.2020.

For Petitioner : Mr.G.Karuppasamy Pandiyan For Respondents : Mr.S.Chandrasekar (R1 & R2) Additional Public Prosecutor

O R D E R

This Criminal Original Petition has been filed seeking a direction, directing the 1st respondent to instruct the 2nd respondent to provide Police protection to the petitioner for his peaceful possession in Door No.1/159, opposite to Sub Registrar Office, Sendurai Natham Taluk, Dindigul District.

2. The case of the petitioner is that the father of the petitioner purchased a vacant site in the year of 1990 and built a house on 04.04.1996, where the petitioner and his parents lived there. When at the time the petitioner and his brother were minor, their parents are died. By taking advantage of that situation and on the pretext of safe guarding the petitioner, the 3rd and 4th respondents came and started living in the house, wherein the petitioner resided.

3. Thereafter, on 20.05.2018, the 3rd and 4th respondents started whitewash the house and when the same was questioned by the petitioner, the 3rd and 4th respondents said that they purchased the said house from one Rajammal, who is the grandmother of the petitioner on 29.03.2002. As of now, the 3rd and 4th respondents fabricated the false documents and made a false entry in the Sub Registrar Office. After knowing the malpractice committed by the respondents 3 and 4, the same was questioned by the petitioner, for which, the petitioner was severely attacked by the respondents 3 and 4 and thereafter, he was admitted in the hospital, as inpatient. Only after severe remarks made by this Court, the FIR has been registered in Crime No.570 of 2019.

Though this Court passed a favourable order in favour of the petitioner that the petitioner has to be evicted from the petition mentioned house only under due process of law, after violating that order, the respondents 3 and 4 unlawfully drove out the petitioner from his own house. In the said circumstances, police protection is very much necessary to the petitioner for his peaceful possession of the property in question.

4. Mr.S.Chandrasekar, the learned Additional Public Prosecutor appearing for the respondent Police, on instructions, would submit that due to COVID-19 Pandemic situation, the 3rd respondent shifted his residence to Chengalpattu. Further, during the time of enquiry, the 3rd and 4th respondents were made an undertaking to vacate the house immediately after completion of the Pandemic situation. The submission made by the learned Additional Public Prosecutor is placed on record.

5. In the said circumstances, if the undertaking given by the respondents 3 and 4 are complied, the question of difficulty does not arise to the petitioner.

However, the petitioner is at liberty to approach the 2nd respondent, if the 3rd and 4th respondents are not vacated the house within a period of four months from today.

6. With the above directions, the Criminal Original Petition stands disposed of.

Sd/- Assistant Registrar (CSII) // True Copy // / /2020 Sub Assistant Registrar(CS) MPK 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 Superintendent of Police, Dindigul District, Dindigul.

2.The Inspector of Police, Natham Police Station, Dindigul District.

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

09.07.2020 KB(22.07.2020) 3P 4C