Madras High CourtCRL OP(MD)/7257/2021disposed of

Kannan v. The Superintendent Of Police

2021-06-04Honourable Mr Justice A.A.Nakkiran3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04.06.2021

CORAM:

THE HONOURABLE MR.JUSTICE A.A.NAKKIRAN Kannan ... Petitioner Vs 1.The Superintendent of Police Sivagangai District Sivagangai 2.The Deputy Superintendent of Police Manamadurai Sivagangai District 3.The Inspector of Police SIPCOT Police Station Manamadurai Sivagangai District 4.Murugan 5.Balakrishnan 6.Seeni 7.Saravanan 8.Malaipandi ... Respondents PRAYER: Petition filed under Section 482 Code of Criminal Procedure, to direct the third respondent to provide adequate police protection to the petitioner and his family members life and limb and also for the peaceful possession and enjoyment of properties comprised in Survey No.296/4 and 299/2 situated at Seikalathur Group, Kurunthankulam Village, Sivagangai District, based on the representation dated 26.05.2021. For Petitioner : Mr.K.Malaimaran For R1 to R3 : Mr.M.Muthumanikkam, Government Advocate(Crl.Side)

O R D E R

This Criminal Original Petition has been filed to direct the third respondent to provide adequate police protection to the petitioner and his family members life and limb and also for the peaceful possession and enjoyment of properties comprised in Survey No.296/4 and 299/2 situated at Seikalathur Group, Kurunthankulam Village, Sivagangai District, based on the representation dated 26.05.2021.

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2.The learned counsel for the petitioner would submit that there was an agreement made between the petitioner's family and his brother namely Sivaraman. Based on the partition, the respondents 4 to 8 were enjoying their properties respectively. In order to grab the properties of the petitioner, the respondents 4 to 8 trespassed into the petitioner's property and tried to build house and also threatened him with dire consequences. Hence, the petitioner made a representation dated 26.05.2021 to the respondents 1 to 3 seeking adequate police protection. Since the respondents 1 to 3 have not taken any action, the petitioner is before this Court seeking police protection.

3.The learned Government Advocate (Crl.Side) appearing for the respondents 1 to 3, on instructions, would submit that the representation of the petitioner, dated 26.05.2021 will be considered by the 3rd respondent.

4.Heard the learned counsel appearing for the petitioner and the learned Government Advocate(Crl.Side) appearing for the respondents 1 to 3.

5.Considering the facts and circumstances of the case, the 3rd respondent is directed to consider the representation of the petitioner dated 26.05.2021 by following the due process of law, within a period of four weeks from the date of receipt of a copy of this order.

6.With the above direction, this criminal original petition is disposed of.

Sd/- Assistant Registrar (W) // True Copy // / /2021 Sub Assistant Registrar(CS) msa 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. 2/3

To:- 1.The Superintendent of Police Sivagangai District Sivagangai 2.The Deputy Superintendent of Police Manamadurai Sivagangai District 3.The Inspector of Police SIPCOT Police Station Manamadurai Sivagangai District 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

04.06.2021 KM(21.06.2021) 3P 5C 3/3