Madras High CourtCRL OP(MD)/9907/2021disposed of

Rosely Siluvaimuthu v. The Superintendent Of Police

2021-08-18Honourable Mr Justice G.Ilangovan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.08.2021

CORAM:

THE HONOURABLE MR.JUSTICE G.ILANGOVAN Rosely Siluvaimuthu ... Petitioner Vs.

1.The Superintendent of Police, Kanyakumari, 2.The Revenue Divisional Officer, Nagercoil, 3.The Inspector of Police, Nesamani Nagar Police Station, 4.Shobana Jacquline

...Respondents

PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to direct the respondents to give police protection to the petitioner and her property situated in Door No.10F7 comprised in R.S.No.J4/16-14, Nagercoil Village, Agastheeswaran Taluk, Kanyakumari District as per Rule 21 of the Tamil Nadu Maintenance and Welfare of Parents and Senior Citizens Rules, 2009. For Petitioners : Mr.R.J.Karthik For R1 to R3 : Mr.R.M.Anbunithi Additional Public Prosecutor (Criminal Side) O R D E R This petition has been filed seeking to direct the respondents to give police protection to the petitioner and her property situated in Door No.10F7 comprised in R.S.No.J4/16-14, Nagercoil Village, Agastheeswaran Taluk, Kanyakumari District as per Rule 21 of the Tamil Nadu Maintenance and Welfare of Parents and Senior Citizens Rules, 2009.

2. When the matter was taken up for hearing on 26.07.2021, the learned Additional Public Prosecutor submitted that based on the representation made by the petitioner, enquiry was undertaken in C.P.No.1237 of 2020 and during the course of enquiry, the private 1/3

respondent has given an undertaking to the effect that she will not make any disturbance or trouble and she will work out her remedy before the appropriate Civil Court. On the basis of the undertaking given by her, the complaint was closed on 24.07.2021. For the purpose of circulating the copy, the matter is listed today. In the closure report, the very same observations has been made.

3. The learned counsel appearing for the petitioner would submit that since the enquiry has been closed on the basis of the undertaking given by the fourth respondent, a direction may be issued to the second respondent, if any trouble arises in future at the hands of the fourth respondent, police protection may be granted

4. In view of the above submission, the third respondent may consider police protection, if any necessity arises in future. Liberty is always available to the petitioner to approach the third respondent seeking such relief.

5. With these directions, this Criminal Original Petition stands disposed of.

Sd/- Assistant Registrar (CS I) // True Copy // / /2021 Sub Assistant Registrar(CS) ssb Note: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To 1.The Superintendent of Police, Kanyakumari, 2.The Revenue Divisional Officer, Nagercoil, 2/3

3.The Inspector of Police, Nesamani Nagar Police Station, 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

18.08.2021 PS(CO) SB(27.08.2021) 3P 5C 3/3