P.Parameshwari v. The Superintendent Of Police

CRL OP(MD)No.7509 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 23.07.2020

CORAM:

THE HONOURABLE Mr.JUSTICE R.PONGIAPPAN CRL OP(MD)No.7509 of 2020 P.Parameshwari ... Petitioner Vs.

1.The Superintendent of Police, Pudukkottai District.

2.The Inspector of Police, Muthaiahpuram Police Station, Pudukkottai District.

3.M.R.Jeyaraman ... Respondents PRAYER: Petition filed under Section 482 of Criminal Procedure Code, to direct the Inspector of Police, Muthaiahpuram Police Station, Pudukkottai District to award adequate police protection so as to enable the petitioner to be in peaceful possession in her property situated in Survey No.575/11, Kalamaavur Village, Kalamaavur Ward, Viralimalai Panchayat Union, Kulathur Taluk, Pudukottai District. For Petitioner : Mr.P.Samuel Gunasingh For Respondents : Mr.S.Chandrasekar (R1 & R2) Additional Public Prosecutor

O R D E R

This Criminal Original Petition has been filed to direct the 2nd respondent to give adequate police protection so as to enable the petitioner to be in peaceful possession in her property situated in Survey No.575/11, Kalamaavur Village, Kalamaavur Ward, Viralimalai Panchyayat Union, Kulathur Taluk, Pudukottai District.

2. The learned counsel appearing for the petitioner would submit that on 14.07.2011, the petitioner herein had purchased the property in Survey No.575/11, through a registered sale deed vide document No.5082/11. After purchasing the same, the 3rd respondent herein had shown some interest in purchasing the said property, hence, himself and the petitioner had entered into a sale agreement dated 06.03.2013, wherein the sale consideration was fixed as Rs.29,50,000/- out of which, a sum of Rs.1,00,000/- was paid as https://hcservices.ecourts.gov.in/hcservices/

CRL OP(MD)No.7509 of 2020 advance on the date of entering into the sale agreement i.e., 06.03.2013.

Though the time for execution is fixed as 60 days, the 3rd respondent has not completed his obligation, but he made disturbance to the petitioner's peaceful possession and therefore, it is necessary to give police protection to the petitioner.

3. The learned Additional Public Prosecutor appearing for the respondents 1 and 2, on instructions, would submit that based on the complaint given by the petitioner, the first respondent ordered for current enquiry in G2/15186/887/2020 and thereafter, the same was forwarded to the 2nd respondent for enquiry. In the enquiry, both the petitioner and the 3rd respondent were enquired and during the time of enquiry, both of them consented for approaching the court of law to resolve their issues. He would further submit that as of now, no enquiry is pending against the 3rd respondent and also the petitioner. Further, if necessary, the 2nd respondent Police is ready to give necessary police protection to the petitioner.

4. Hence, recording the submissions made by the learned Additional Public Prosecutor, this Criminal Original Petition is dismissed.

Sd/- Assistant Registrar (CS-II) // True Copy // / /2020 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. To 1.The Superintendent of Police, Pudukkottai District.

2.The Inspector of Police, Muthaiahpuram Police Station, Pudukkottai District.

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

CRL OP(MD)No.7509 of 2020 23.07.2020 MPK SDS (03.08.2020) 2P-4C https://hcservices.ecourts.gov.in/hcservices/