Madras High CourtCRL OP(MD)/8987/2016disposed of

Santha v. The Superintendent Of Police

2016-06-14Honourable Dr. Justice S. Vimala2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 14.06.2016

CORAM:

THE HONOURABLE Dr. JUSTICE S.VIMALA Crl.O.P.(MD).No.8987 of 2016 Santha .. Petitioner Vs.

1.The Superintendent of Police, Thanjavur District.

2.The Inspector of Police, Peravoorani Police Station, Thanjavur.

3.Manimuthu .. Respondents PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C. praying to direct the second respondent herein to forthwith provide police protection to the property and person of the petitioner mentioned in the petition dated 28.01.2016 from illegal trespass and unlawful construction.

For Petitioner : Mr.C.Padmaraj For respondents 1 and 2 : Mr.A.P.Balasubramani, Government Advocate(Criminal side)

ORDER

It is an application seeking a direction to the second respondent to provide Police protection to the property and person of the petitioner, based on her representation dated 28.01.2016. 2.Heard the learned counsel for the petitioner and the learned Government Advocate (Crl. Side) for the respondents 1 and 2. By consent, the Criminal Original Petition itself is taken up for final disposal. In view of the limited prayer to be granted in this petition, this Court is of the view that notice need not be sent to the 3rd respondent.

3.The learned counsel for the petitioner would submit that the petitioner has filed a civil suit for partition and has obtained an order of interim injunction. He would further submit that despite the order of injunction granted, the third respondent https://hcservices.ecourts.gov.in/hcservices/

frequently attempted to encroach the property of the petitioner and threatened her with dire consequences and therefore, anticipating danger, the petitioner has sent a representation dated 28.01.2016 to the second respondent. As there was no response to the same, the petitioner has come up with this petition.

4.The learned Government Advocate appearing for the official respondents, on instructions, would submit that the second respondent would consider the representation of the petitioner dated 28.01.2016 and pass appropriate orders on merits. 5.In view of the submission made by the learned Government Advocate, this Criminal Original Petition is disposed of with a direction to the second respondent to consider the representation of the petitioner, dated 28.01.2016 and after giving an opportunity of hearing to both the parties, pass appropriate orders on the same on merits and in accordance with law forthwith. 6.This Criminal Original Petition is accordingly disposed of. Sd/- Assistant Registrar(Records) /True Copy/ Sub Assistant Registrar To 1.The Superintendent of Police, Thanjavur District.

2.The Inspector of Police, Peravoorani Police Station,Thanjavur.

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

+1CC M/S.C.Padmaraj,Advocate SR.No.30196 Gcg AA/SKS-RR/27.06.2016/2P-5C/ Crl.O.P(MD)No.8987 of 2016 14.06.2016 https://hcservices.ecourts.gov.in/hcservices/