Madras High CourtCRL OP(MD)/16357/2018disposed of

Kanitha v. The Superintendent Of Police

2018-09-12Honourable Mr Justice G.K. Ilanthiraiyan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.09.2018

CORAM:

THE HON'BLE MR.JUSTICE N.ANAND VENKATESH CRL.O.P.(MD)No.16357 of 2018 Kanitha .. Petitioner -Vs1. The Superintendent of Police, Sivagangai District, Sivagangai.

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

3.Deivendran @ Muthiah .. Respondents Prayer: Criminal Original petition is filed under Section 482 of Criminal Procedure Code, to direct the respondents 1 and 2 to give necessary police protection to the life and limb of petitioner and her family members as and when required by the petitioner on the basis of the petitioner's representation dated 24.08.2018. For Petitioner : Mr.Mahendrapathy For Respondents : Mr.M.Chandra Sekkaran for R1 & R2 Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed by the petitioner to direct the respondents 1 and 2 to give necessary police protection to the life and limb of petitioner and her family members as and when required by the petitioner on the basis of the petitioner's representation dated 24.08.2018. 2.It is seen from the records that the third respondent has filed a suit for declaration of title in O.S.No.185 of 1992 against the father of the petitioner and the same was dismissed. As against the same, the third respondent filed an appeal in A.S.No.8 of 1999 and the appeal was also dismissed. Thereafter, the third respondent filed a Second Appeal before this Court in S.A.No.516 of 2001 and this Court by a judgment, dated 31.10.2017 was pleased to dismiss the Second Appeal. Therefore, the third respondent had lost before all the three Courts. Inspite of the https://hcservices.ecourts.gov.in/hcservices/

same it seems that the third respondent is interfering with the peaceful possession and enjoyment of the petitioner and is causing threat to the petitioner and her family members. The petitioner has given a complaint in this regard to the first and second respondent police on 24.08.2018.

3.The second respondent is directed to call the parties and give appropriate directions to the third respondent not to interfere with the peaceful possession of the petitioner. If inspite of the same, the third respondent continues to cause disruption and cause threat to the petitioner and her family, the second respondent is directed to initiate appropriate action in accordance with law and if necessary to provide police protection to the petitioner.

4.Accordingly, this Criminal Original Petition is disposed of with the above directions.

Sd/- Assistant Registrar(CS-III) /True Copy/ Sub Assistant Registrar(CS-II) To

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

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

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

+1cc to Mr.S.Mahendrapathy, Advocate Sr.No.84540 TM VB/SKN/SAR2/25.09.2018/2P/5C CRL.O.P.(MD)No.16357 of 2018 12.09.2018 https://hcservices.ecourts.gov.in/hcservices/