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Madras High CourtCRL OP(MD)/6288/2024disposed of

Arul Jesuraj v. The Superintendent Of Police

2025-04-15Honourable Mr. Justice P.Dhanabal5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 15.04.2025

CORAM

THE HON'BLE MR.JUSTICE P.DHANABAL Arul Jesuraj .. Petitioner Vs.

1.The Superintendent of Police Pudukottai District Pudukottai

2. The Inspector of Police Alangudi Police Station Alangudi, Pudukottai District

3. Pilavendran

4. Antony Mercy

5. Innasi Ammal .. Respondents PRAYER : Criminal Original Petition filed under Section 528 of BNSS, to direct the respondents 1 and 2, to give necessary police protection to the petitioner's property situated in S.No.94/5C-0.05.0 Ares, 94/8-0.11.50 Ares, 94/9-0.11.50 Ares, 94/19A-0.19.50 Ares and in total Extent of 0.48.0 Ares on the basis of the petitioner's compliant dated 04.01.2024 and on the basis of the judgment and decree passed in favour of the petitioner in O.S.No.3 of 2010 on the file of the Sub Court, Pudukottai dated 09.08.2011 within a time frame fixed by this Court. 1/5

For Petitioner : Mr.G.Thaveethu For Respondents : Mr.M.Sakthi Kumar No.1 and 2 Government Advocate(Crl.Side) No.3 to 5 : Mr.Na.Palaniyandi

ORDER

This Criminal Original Petition has been filed by the petitioner to to direct the respondents 1 and 2, to give necessary police protection to the petitioner's property situated in S.No.94/5C-0.05.0 Ares, 94/8-0.11.50 Ares, 94/9-0.11.50 Ares, 94/19A-0.19.50 Ares and in total Extent of 0.48.0 Ares on the basis of the petitioner's compliant dated 04.01.2024 and on the basis of the judgment and decree passed in favour of the petitioner in O.S.No.3 of 2010 on the file of the Sub Court, Pudukottai dated 09.08.2011 within a time frame fixed by this Court.

2. The learned counsel appearing for the petitioner would submit that the petitioner is the owner of the property and he also got civil decree in his favour in O.S.No.3 of 2010 on the file of the Sub Court, Pudukottai dated 09.08.2011, as against the third respondent one Kashmir. Inspite of that they caused hindrance to the plaintiff's possession and enjoyment over the property thereby the petitioner has sent a representation dated 2/5

04.01.2024 seeking police protection but no action was taken, hence the present petition was filed

3. The learned Government Advocate(Crl.Side) appearing for the respondents 1 and 2 would submit that already the representation of the petitioner was considered and the same was closed, therefore nothing survives for further adjudication in this case.

4. Considering the prayer sought for in the petition this Court without even issuing notice to the private respondents is inclined to pass orders. According to the petitioner he got decree in his favour in respect of property situated in S.No.94/5C-0.05.0 Ares, 94/8-0.11.50 Ares, 94/9-0.11.50 Ares, 94/19A-0.19.50 Ares and he also got decree in O.S.No.3 of 2010 on the file of the Sub Court, Pudukottai, inspite of that the respondents are causing disturbance to the petitioner and also made life threat to the petitioner. According to the second respondent already the representation of the petitioner was considered and the same was closed hence no further order is required to be passed in this case. However if the private respondents indulged in any criminal activities the petitioner is at liberty to approach the second respondent with specific 3/5

compliant.

5. With the above direction, the Criminal Original Petition stands closed.

15.04.2025 NCC : Yes/No Index : Yes / No Internet : Yes / No aav To 1.The Superintendent of Police Pudukottai District Pudukottai

2. The Inspector of Police Alangudi Police Station Alangudi, Pudukottai District 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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P.DHANABAL,J.

aav 15.04.2025 5/5