R.Rajagopal v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.04.2023 CORAM :

THE HONOURABLE Mr. JUSTICE G.ILANGOVAN 1.R.Rajagopal 2.P.Krishnakumar ... Petitioners Vs.

1.The Superintendent of Police, Kanyakumari Police Station, Kanyakumari, Kanyakumari District.

2.The Inspector of Police, Kanyakumari Police Station, Kanyakumari, Kanyakumari District.

3.R.Rajan 4.T.Rathakrishnan ... Respondents Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to give appropriate police protection for life and limb of the petitioners to fence the property in Survey No:559/2A of Kadiyapattinam Village, Kalkulam Taluk, Kanyakumari, Kanyakumari District. For Petitioners : Mr.Ramakrishnan.K.A.

For Respondents : Mr.B.Nambiselvan Additional Public Prosecutor for R1 and R2 1/4

ORDER

This petition is filed seeking police protection for life and limb of the petitioners to fence the property in Survey No:559/2A of Kadiyapattinam Village, Kalkulam Taluk, Kanyakumari, Kanyakumari District.

2. The learned counsel for the petitioners submitted that due to property dispute between the petitioners and the private respondents, the petitioners have filed O.S.No.54 of 2022 before learned Principal District Munsif Court, Eraniyal and decree was also granted in their favour. Thereafter, on 01.11.2022, the private respondents trespassed into the petitioners' property and tried to destroy the boundary of the property and also attacked the petitioners. Hence, the petitioners made representation dated 01.11.2022 to the respondents 1 and 2 to give appropriate police protection to measure the property. Till date, his representation was not considered by the respondent police. Hence, this petition has been filed.

3. The learned Additional Public Prosecutor appearing for the respondent police submitted that so far, the second respondent has not received any representation from the petitioners and if, the petitioners are ready to give fresh representation to the second respondent, the second respondent is ready to consider the same.

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4. Considering the above submission made by the learned Additional Public Prosecutor, if any fresh representation is given by the petitioners, the second respondent is directed to consider the same on its own merits by summoning both parties, within a period of one month from the date fresh representation.

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

03.04.2023 Index : Yes/No Internet:Yes/No tta To 1.The Superintendent of Police, Kanyakumari Police Station, Kanyakumari, Kanyakumari District.

2.The Inspector of Police, Kanyakumari Police Station, Kanyakumari, Kanyakumari District.

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

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G.ILANGOVAN, J., tta 03.04.2023 4/4