Manickavel v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.06.2022

CORAM

THE HONOURABLE MR. JUSTICE V.SIVAGNANAM CRL.O.P (MD) No.10356 of 2022 Manickavel ... Petitioner Vs

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

2. The Inspector of Police, Mimisal Police Station, Pudukkottai District.

3. Balu

4. Karthick

5. Parthiban

6. Manikandan

7. Rajagopal

8. Selvaraj

9. Ganesan

10. Sathiyaraj ... Respondents PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to direct the first and second respondents to provide adequate police protection to the life and limb of the petitioner on the basis of the petitioner's representation, dated 28.05.2022 and in accordance with law pass such other orders. .

For Petitioner : Mr. Sathya Chidambaram S For Respondent : Mr.R.Suresh Kumar, Government Advocate (Crl.Side) 1/3

O R D E R

This Criminal Original Petition has been filed to direct the first and second respondents to provide adequate police protection to the life and limb of the petitioner on the basis of the petitioner's representation, dated 28.05.2022 and in accordance with law pass such other orders.

2.The learned counsel appearing for the petitioner has submitted that the petitioner is a resident of Nithiyakalyanipuram West and there is an old and famous Kanmai in that village. The third respondent herein had encroached the said water body Kanmai and put up illegal constructions. Therefore, the petitioner has filed a petition against the third respondent in W.P.(MD)No.12133 of 2021. Based on the writ petition, this Court has directed the officials to remove the encroachments made by the third respondent in the said Kanmai. Therefore, the officials also removed the same. Aggrieved by this, the third respondent and others threatened the petitioner and assaulted him. Hence, the petitioner gave a complaint against the third respondent before the second respondent police. On 28.05.2022, a case was registered in Crime No.492 of 2021 and after that it was not investigated. Hence, the petitioner has filed this petition seeking for a direction to the second respondent police to consider his representation and to provide police protection.

3.The learned Government Advocate (Crl.Side) has submitted that the second respondent police had considered the facts that the petitioner filed a petition against the third respondent for removal of encroachment in the Kanmai, situated in the said village. This Court also directed the officials to remove the encroachment and the officials also removed the same. Therefore, there was an enmity between the petitioner and the third respondent. The petition filed by the petitioner on 28.05.2022 was received by the police and a case in Crime No.492 of 2022 was registered against the third respondent.

4.I have considered the submissions made by both parties. 5.Admittedly, the petitioner has filed a petition in W.P(MD) No.12133 of 2021 for removal of encroachment made in the Kanmai by the third respondent. This Court has directed the officials to remove the encroachment and the Government officials had also removed the encroachment. Due to this enmity, the petitioner gave the complaint before the second respondent, against the third respondent.

6.Under these circumstances, the second respondent is hereby directed to consider the representation of the petitioner dated 28.05.2022 and to take suitable action in the case registered in 2/3

Crime No.492 of 2022 and also to provide police protection, if needed.

7.With this observation and direction, this Criminal Original Petition is disposed of.

Sd/- Assistant Registrar(CS-I) // True Copy // /06/2022 Sub Assistant Registrar(CS) PNM To

1. The Superintendent of Police, Pudukkottai District.

2. The Inspector of Police, Mimisal Police Station, Pudukkottai District.

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

CRL.O.P (MD) No.10356 of 2022 13.06.2022 NSN(CO) KB(22.06.2022) 3P 4C 3/3