Madras High CourtCRL OP(MD)/9544/2022disposed of

S.Ramakrishnan v. The Superintendent Of Police

2022-08-05Honourable Mr Justice V.Sivagnanam5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.08.2022

CORAM:

THE HONOURABLE MR. JUSTICE V.SIVAGNANAM S.Ramakrishnan, : Petitioner Vs

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

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

3. K. Vairavan,

4. V. Saravanan,

5. N. Thirumurugan, : Respondents PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. praying this Court to direct the second respondent to provide police protection to the petitioner.

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For Petitioner : M/s.Paranthaman P, For R1 and R2 : Mr.R.Suresh Kumar, Government Advocate (Crl.Side) For R3 to R5 : Mr.V.S.Kumaraguru

ORDER

This criminal original petition has been filed seeking a direction to the second respondent to provide police protection to the petitioner. 2.The learned Counsel appearing for the petitioner submitted that the respondent police may be directed to provide police protection at the time of surveying the land in T.S.No.63 (GR.No.141/578) situated at Kottakudi Group of Sivagangai Town.

3.The learned Government Advocate (Crl.Side) submitted that the matter is civil in nature. However, the respondent police are ready to provide police protection to survey the said land.

4.I have considered the submissions made by both the parties. 2/5

5.On a perusal of records, it is seen that with regard to the property in T.S.No.63 (GR.No.141/578) situated at Kottakudi Group of Sivagangai Town, the petitioner filed a suit in O.S.No.48 of 1996, before the Additional District Munsif Court, Sivagangai and the same was decreed in his favour. Then, the third respondent filed an Appeal in A.S.234 of 1999, before the Additional District Munsif Court, Sivagangai, which was dismissed on 30.12.2003. Again, the third respondent filed an Appeal in S.A(MD)No.682 of 2000 before this Court and the same was also dismissed for default, on 31.01.2019. 6.The learned Counsel appearing for the third respondent submitted that an application has been filed to restore the Appeal in S.A(MD)No.682 of 2000, which had been filed before this Court and the same is pending for consideration.

7.In view of the above, the second respondent is directed to consider the representation, dated 03.05.2022 and provide necessary police protection during the survey of the said land.

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8.With the above direction, this criminal original petition stands disposed of.

05.08.2022 Internet:Yes Index:Yes/No Speaking/Non speaking order lr To

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

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

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

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V.SIVAGNANAM, J.

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