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Madras High CourtCRL OP(MD)/6940/2016disposed of

A. Solaialagu v. The Superintendent Of Police

2016-06-03Honourable Dr. Justice S. Vimala2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.06.2016

CORAM:

THE HON'BLE D R.JUSTICE S.VIMALA Crl.O.P.(MD) No.6940 of 2016 A.Solaialagu ... Petitioner -vs1.The Superintendent of Police, Madurai District, Madurai.

2.The Inspector of Police, Alanganallur Police Station, Alanganallur, Madurai District.

3.M.Murugesan 4.P.Ramesh ... Respondents Prayer: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure to direct the respondents 1 and 2 herein to provide police protection to fence the property of the petitioner in Natham S.No.1/83 in K.Sambakkulam Village, Vadipatti Taluk, Madurai District by considering the petitioner's representation dated 22.03.2016.

For Petitioner :

Mr.M.Thirunavukkarasu For Respondents :

Mrs.S.Prabha Government Advocate (Crl.side) for R.1 and R.2

ORDER

This Criminal Original Petition is filed by the petitioner seeking a direction to the the respondents 1 and 2 herein to provide police protection to fence the property of the petitioner in Natham S.No.1/83 in K.Sambakkulam Village, Vadipatti Taluk, Madurai District by considering the petitioner's representation dated 22.03.2016.

2. Heard the learned Counsel appearing for the petitioner and the learned Government Advocate (Crl.Side), who takes notice for the respondents 1 and 2.

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3. The petitioner has obtained an order of injunction in I.A.No.396 of 2015 in O.S.No.128 of 2015 before the Principal District Munsif at Vadipatti. In the injunction petition, the respondents 3 and 4 have filed their counter affidavit stating that they have no right whatsoever over the property. Under such circumstances, it is alleged that when the petitioner wanted to put up a fence in the property, the respondents 3 and 4 are causing problem in putting up the fence.

4. The respondents 3 and 4 cannot be permitted to take duel stand, one stand before the Court and another stand while putting up of the fence. Seeking police protection to put up fence, the petitioner is said to have submitted a representation dated 22.03.2016 and 04.04.2016.

5. Under such circumstances, the respondents 1 and 2 are directed to consider the representation of the petitioner dated 22.03.2016 and 04.04.2016 positively and to pass orders on merits and in accordance with law as expeditiously as possible.

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

Sd/- Assistant Registrar(CS-II) /True Copy/ Sub Assistant Registrar To:

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

2.The Inspector of Police, Alanganallur Police Station, Alanganallur, Madurai District.

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

+1cc to Mr.M.Thirunavukkarasu, Advocate Sr.No.27849 ssl AA/DB/13.06.2016/2p-5c Crl.O.P.(MD)No.6940 of 2016 03.06.2016 https://hcservices.ecourts.gov.in/hcservices/