Madras High CourtCRL OP(MD)/6810/2024disposed of

Mani @ Muthukkaruppapillai v. The Superintendent Of Police

2025-04-15Honourable Mr. Justice P.Dhanabal5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 15.04.2025

CORAM

THE HON'BLE MR.JUSTICE P.DHANABAL Mani @ Muthukkaruppanpillai .. Petitioner Vs.

1. The Superintendent of Police Office of the Superintendent of Police Madurai, Madurai District

2. The Inspector of Police Silaiman Poilce Station Madurai District

3. Kanthammal

4. Rajaran .. Respondents PRAYER : Criminal Original Petition filed under Section 528 of BNSS, to direct respondents 1 and 2 to consider the petitioner`s representation dated 29.12.2023 and subsequently 12.04.2024 for providing adequate police protection to the petitioner`s life and limb for using the common path way to reach the agricultural land situated in S.No.97/9A, 97/9B and 168/1 with an extent of 1.71 acres at Viraganoor Villager, Madurai South Taluk, Madurai District within a stipulated time that may be fixed by this Court.

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For Petitioner : Mr.R.Karunanithi For Respondents : Mr.M.Sakthi Kumar No.1 and 2 Government Advocate(Crl.Side) No.3 and 4 : Mr.M.Vijayakumar

ORDER

This Criminal Original Petition has been filed by the petitioner to direct the respondents 1 and 2 to consider the petitioner`s representation dated 29.12.2023 and subsequently representation dated 12.04.2024 for providing adequate police protection to the petitioner`s life and limb for using the common path way to reach the agricultural land situated in S.No. 97/9A, 97/9B and 168/1 with an extent of 1.71 acres at Viraganoor Villager, Madurai South Taluk, Madurai District within a stipulated time that may be fixed by this Court.

2. The learned counsel appearing for the petitioner would submit that there is pathway dispute pending between the petitioner and the respondents 3 and 4 and thereby he received life threat from them. Hence he has sent a representation dated 29.12.2023 and a subsequent representation dated 12.04.2024 but no action was taken, hence the present petition has been filed.

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3. The learned Government Advocate(Crl.Side) appearing for the respondents 1 and 2 would submit that there is no instruction from the police. However if the representation of the petitioner is pending they will consider the same and take appropriate decision within a period of 15 days.

4.The learned counsel appearing for the respondents 3 and 4 would submit that civil dispute is pending between the parties in A.S.No.11 of 2024 on the file of the II Additional Sub Court, Madurai therefore police protection cannot be granted to the petitioner.

5. Considering the prayer sought for in the petition and also that there is dispute in respect of property and civil case is pending in A.S. No. 11 of 2024 on the file of the II Additional Sub Court, Madurai, it is for the second respondent to consider the representation and dispose of the same within a period of 15 days from the date of receipt of a copy of this order after affording opportunity to all the parties in accordance with law. 3/5

6. With the above direction, the Criminal Original Petition stands disposed of.

15.04.2025 NCC : Yes/No Index : Yes / No Internet : Yes / No aav To

1. The Superintendent of Police Office of the Superintendent of Police Madurai, Madurai District

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

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P.DHANABAL,J.

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