Madras High CourtCRL OP(MD)/7672/2016disposed of

S. Rengasamy v. The Commissioner Of Police

2016-06-09Honourable Dr. Justice S. Vimala2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 09.06.2016

CORAM

THE HON`BLE DR.JUSTICE S.VIMALA CRL OP(MD) No.7672 of 2016 S.RENGASAMY ..PETITIONER Vs.

1 THE COMMISSIONER OF POLICE TRICHY CITY POLICE, TRICHY.

2 THE INSPECTOR OF POLICE, PALAKARAI POLICE STATION, TRICHY.

..RESPONDENTS Prayer: Criminal Original Petition is filed under Section 482 of Cr.PC., to direct the 1st respondent/the commissioner of police, Trichy City Police, Trichy to direct the 2nd respondent/Inspector of Police, Palakarai Police Station, Trichy to give necessary police protection to the petitioner, who is the Advocate/Commissioner appointed by DRT, Madurai to evict the judgment debtors take physical possession, hand over the property to remove the obstructors and also the help him to take physical possession of the property by the petitioner and hand over the same to the auction purchasers.

For Petitioner : Mr.S.Rengasamy For Respondents : Mr.A.P.Balasubramani Govt. Advocate (Crl.side) ****

ORDER

This Criminal Original Petition has been filed, seeking direction to the 1st respondent/the Commissioner of Police, Trichy City Police, Trichy to direct the 2nd respondent to give necessary police protection to the petitioner, who is the Advocate Commissioner appointed by Debt Recovery Tribunal, Madurai to evict the the persons from the property. It is alleged that when the petitioner attempting to evict the judgment debtors, there was a strong resistance on the said of the judgment debtors.

2. It is submitted by the learned counsel for the petitioner that when the judgment debtors obstructed the petitioner from completing the assignment, the 2nd respondent did not intervene by merely saying that there is no direction from the 1st respondent to remove the obstructions. Therefore, the petitioner has approached this court with the aforesaid relief.

3. Learned Government Advocate (Crl.side) would submit that the respondent police is ready to provide police protection on 24.06.2016 to the petitioner in executing the order of the court and the said date is convenient to the petitioner also. https://hcservices.ecourts.gov.in/hcservices/

4. Therefore, this court directs the 2nd respondent/Inspector of Police, Palakarai Police Station, Trichy to provide adequate Police protection to the petitioner for one day on 24.06.2016 or an any other date agreeable to both parties, enabling him to execute the directions issued in the recovery proceedings in R.P.No.205/2007 in DRC.No.152/2001 of the Debt Recovery Tribunal, Madurai.

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

Sd/- Assistant Registrar(CS-I) /True Copy/ Sub Assistant Registrar(CS) Madurai Bench of Madras High Court, Madurai-23.

TO 1 THE COMMISSIONER OF POLICE, TRICHY CITY POLICE, TRICHY. 2 THE INSPECTOR OF POLICE, PALAKARAI POLICE STATION, TRICHY. 3 THE ADDL.PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

CRL OP(MD) No.7672 of 2016 Date :09/06/2016 ar.

PBK/GSV-PM/SAR-III 16/06/2016 ::2P-4C::(IT) https://hcservices.ecourts.gov.in/hcservices/