Madras High CourtCRL OP(MD)/8666/2020disposed of

Shanmuganathan v. The Superintendent Of Police

2020-08-20Honourable Mr Justice R. Pongiappan2 pages

Crl.O.P.[MD]No.8666 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.08.2020

CORAM:

THE HONOURABLE MR.JUSTICE R.PONGIAPPAN Crl.O.P.[MD]No.8666 of 2020 Shanmuganathan ... Petitioner Vs.

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

2.The Inspector of Police, Thrukostiyur Police Station, Sivagangai District.

3.Muthulakshmi 4.Suresh 5.Kalaiyarasi 6.Mallika 7.Puyalrajan 8.Senthil Kumar 9.Divya 10.Rani ... Respondents PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C., to direct the second respondent to provide necessary police protection to the petitioner for cutting Juliflora trees in the petitioner's land in old S.No.1137-2 Sub division No.(4) New S.No.159 and 138/2 situated at Pannithiruththi Village, Karungulam Group, Thiruppathur Taluk, Sivagangai District on the basis of the petitioner's representation dated 06.08.2020, within the stipulated time.

For Petitioner : Mr.P.Venkata Subramanian For R-1 and R-2 : Mr.S.Chandrasekar Additional Public Prosecutor

ORDER

This criminal original petition has been filed seeking a direction to direct the second respondent to give adequate police protection to the petitioner's life and limb and to cut Juliflora trees in the his land in old S.No.1137-2 Sub division No.(4) New S.No.159 and 138/2 situated at Pannithiruththi Village, Karungulam Group, Thiruppathur Taluk, Sivagangai District, on the basis of the representation, dated 06.08.2020.

2.Today, when the petition is came up for hearing, the learned Additional Public Prosecutor appearing for the respondents 1 and 2, on instructions, would submit that the representation given by the petitioner dated 06.08.2020 was received by the second respondent and upon which an enquiry has been initiated in C.No.N4/15529/1252/P https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.[MD]No.8666 of 2020 2020 dated 12.08.2020. During the time of enquiry, though sufficient summon has been issued to the petitioner, he has not turned up and attended the enquiry. On the other hand, the respondents 3 to 10 were appeared before the respondent police and claimed that they are having the right and title over the property now claimed by the petitioner.

3.The submission made by the learned Additional Public Prosecutor is recorded.

4.Considering the facts and circumstances of the case, it would be appropriate to give direction to the second respondent police to reopen the enquiry and for which, the petitioner is directed to appear before the second respondent police on 28.08.2020. On appearance of the petitioner, the second respondent is directed to summon the respondents 3 to 10 and complete the enquiry within a period of one month from the date of receipt of a copy of this order.

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

Sd/- Assistant Registrar () // True Copy // / /2020 Sub Assistant Registrar(CS ) cp 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. To 1.The Superintendent of Police, Sivagangai District, Sivagangai.

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

+1 CC to M/s.P. VENKATA SUBRAMANIAN, Advocate ( SR-14707[F] dated 21/08/2020 ) Crl.O.P.[MD]No.8666 of 2020 20.08.2020 SPU (02.09.2020) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2