Madras High CourtCRL OP(MD)/8092/2023disposed of

Chinnaraju v. The Superintendent Of Police

2023-08-22Honourable Dr. Justice D.Nagarjun4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.08.2023

CORAM:

THE HONOURABLE DR.JUSTICE D.NAGARJUN Crl.O.P.(MD) No.8092 of 2023 Chinnaraju ... Petitioner Vs.

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

2.The Inspector of Police, Palanichettipatti Police Station, Theni District.

3.M.Palanichamy ..Respondents PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to direct the respondents 1 and 2 to provide police protection to the petitioner and ensure unhindered usage of the common wells situated in Survey Nos.183/1C and 21/2B in Koduvilarpatti Village, Theni District, as decreed in the suit No.133 of 2022 on the file of the District Munsif Court, Theni, on 21.11.2022, considering the petitioner's representation dated 21.03.2023.

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For Petitioner : Mr.I.Robert Chandra Kumar For Respondents : Mr.S.S.Madhavan Government Advocate (crl.side) for R1 and R2 Mr.D.Balamuruga Pandi for R3 O R D E R This Criminal Original Petition is filed seeking for police protection to the petitioner for enjoying the wells situated in Survey Nos.183/1C and 21/2B in Koduvilarpatti Village, Theni District, as per the decree passed in O.S.No.133 of 2022 by the District Munsif Court, Theni, on 21.11.2022.

2. It is submitted by the learned counsel appearing for the petitioner that the unofficial respondent has filed a suit for declaration and during the pendency of the said suit, the parties have settled the disputes and the suit was referred to Lok Adalat and a compromise decree was passed wherein both the parties have agreed to enjoy the well water. It is submitted that the unofficial respondent who is in possession of the well has not been permitting the petitioner to enjoy the well.

3. The learned counsel appearing for the unofficial respondent, on the other hand, submits that the petitioner is not permitting the unofficial 2/4

respondent from enjoying the well. It is also reported that the unofficial respondent has no objection in case the petitioner intends to enjoy the well water as per the compromise decree.

4. Considering the circumstances, this Criminal Original Petition is disposed of directing the respondents Police to consider the representation of the petitioner dated 21.03.2023 and to see that the Lok Adalat decree is implemented as per the conditions imposed therein in respect of usage of water.

Index : Yes/No 22.08.2023 Internet : Yes/No ssb To 1.The Superintendent of Police, Theni District, Theni.

2.The Inspector of Police, Palanichettipatti Police Station, Theni District.

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. 3/4

DR.D.NAGARJUN. J.

ssb 22.08.2023 4/4