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Madras High CourtCRL OP(MD)/4168/2019disposed of

Thulasiyammal @ Thulasi v. The City Police Commissioner,

2021-11-22Honourable Mr Justice G.Ilangovan2 pages

Crl.O.P.(MD)No.4168 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.11.2021

CORAM:

THE HONOURABLE MR.JUSTICE G.ILANGOVAN Crl.O.P.(MD) No.4168 of 2019 Thulasiyammal @ Thulasi ... Petitioner Vs.

1.The City Police Commissioner, Madurai City, 2.The Inspector of Police, Thallakulam Police Station, Madurai District.

3.Senthilkumar ... Respondents PRAYER: Criminal Original Petition is filed under Section 482 of Cr.P.C, to direct the 1st respondent to direct the 2nd respondent to take suitable action against the 3rd respondent and his henchmen and consequently provide police protection to the petitioner's life and her residential house based on the petitioner's representations dated 19.02.2019 and 14.03.2019.

For Petitioner : Mr.NA.Palaniyandi For Respondents : Mr.R.Sivakumar for R1 & R2 Government Advocate (Crl. Side)

ORDER

This petition has been filed seeking direction to the 1st respondent to direct the 2nd respondent to take suitable action against the 3rd respondent and his henchmen and consequently provide police protection to the petitioner's life and her residential house based on the petitioner's representations dated 19.02.2019 and 14.03.2019.

2.The learned counsel for the petitioner submitted that the petitioner is a handicapped person and the third respondent being the brother was originally handed with the property and later refused to restore the same to the petitioner and she is also experienced apprehension of threat at the hands of the third respondent. Hence, she made a representation to the respondent police. Since the same was not acted upon, the present petition has been filed before this Court.

https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.4168 of 2019 3.The learned Government Advocate (Crl. Side) submitted that based on the representation made by the petitioner, enquiry was undertaken in C.S.R.No.268 of 2019 and during the course of enquiry, petitioner appeared before the Enquiry Officer and produced the documents and later finding that there is a civil dispute pending between the petitioner and the third respondent, who are sister and brother, it was closed on 08.11.2021. Since the matter between sister and brother question of granting police protection to the petitioner may not arose. If any property dispute arises between them, they can workout their remedy through appropriate civil proceedings. I absolutely find no merits in this case. Since the representation made by the petitioner has been closed, the prayer sought for in this petition has become infructuous. 4.Accordingly, this criminal original petition is dismissed as infructuous.

Sd/- Assistant Registrar (CO) // True Copy // / /2021 Sub Assistant Registrar(CS) TM 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 City Police Commissioner, Madurai City, 2.The Inspector of Police, Thallakulam Police Station, Madurai District.

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

+1 CC to M/s.NA. PALANIYANDI, Advocate ( SR-35406[F] dated 22/11/2021 ) Crl.O.P.(MD)No.4168 of 2019 22.11.2021 RD(03.12.2021) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2