Tmt.Sundaravalli v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 17.08.2016

CORAM

THE HON'BLE DR.JUSTICE S.VIMALA Crl.O.P.(MD) No.9956 of 2016 Sundaravalli ... Petitioner -vs1.The Superintendent of Police, Sivagangai District, Sivagangai 2.The Inspector of Police, Thiruppachethy Police Station, Sivagangai District 3.Ramasamy 4.R.Dhanapaul ... Respondents Prayer: Criminal Original Petition filed under Section 482 of Cr.P.C., praying to direct the 2nd respondent to provide adequate police protection to the petitioner and her family member's life and limb on the basis of petitioner's representation dated 29.05.2016.

For Petitioner : M/s.T.K.Gopalan For Respondents : Mr.K.V.Rajarajan for R1&R2 Govt. Advocate (Crl.Side) Mr.J.Barathan for R3 and R4 *****

O R D E R

This petition has been filed for a direction to the 2nd respondent to provide adequate police protection to the petitioner and her family member's life and limb on the basis of petitioner's representation dated 29.05.2016.

2. Heard the learned counsel for the petitioner, the learned Government Advocate (Crl. Side) for the respondents 1 and 2 and the learned counsel for the respondents 3 and 4.

3. Seeking police protection to the petitioner and her family member's life and limb, the petitioner has sent a representation dated 29.05.2016 to the respondents. Since the said representation has not been considered so far, the petitioner is before this Court with this petition.

4. On the date of admission, the learned counsel for the petitioner submitted that an young lady along with her children have been driven out of the house and they were made to live under the care of the street. Therefore, a Commissioner was appointed to find out the physical features of the property and to state as to whether any articles are available in the property relating to the petitioner as well as her children. This exercise was done to set some clue regarding the immediate possession of the property. Accordingly, the Commissioner visited the property and submitted a report. From the report, it could not be inferred as to whether the petitioner was in possession of the property or not.

5. It is also submitted that a representation was made to the respondents and a suit is also pending in O.S.No.159/2016 before the District Munsif Court, Sivagangai. Having regard to the pendency of the suit, parties were persuaded to take initiative to settle the matter. Finally, it was reported that there is no possibility for settlement. Therefore, the learned counsel for the petitioner would submit that atleast the respondents may be directed to consider the representation of the petitioner.

6. In view of the above, the 2nd respondent police is directed to consider the representation of the petitioner and pass orders on merits and in accordance with law, as expeditiously as possible, preferably, within two weeks from the date of receipt of a copy of this order.

With the above direction, this petition is disposed of. Sd/- Assistant Registrar (CS-II) /True Copy/ Sub Assistant Registrar RR Tohg 1.The Superintendent of Police, Sivagangai District, Sivagangai

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

+1CC to Mr.T.K.Gopalan, Advocate Sr.No.45150 +1CC to Mr.T.R.Jeyapalam, Advocate Sr.No.45545 GJM/AAL-MPA/SAR(III)-2.9.16-3p-6c Crl.O.P.(MD)No.9956 of 2016 17.08.2016