N.Ottakaran v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 13.02.2024

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI N.Ottakaran ... Petitioner Vs.

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

2.The Sub-Inspector of Police, North Police Station, Rajapalayam Town, Virudhunagar District.

3.Krishnammal 4.Packiyalakshmi ... Respondents PRAYER:- Petition filed under Section 482 of Cr.P.C., to direct the respondents 1 and 2 herein to provide police protection to the petitioner's life and limb and for his property comprised in S.No.902/16 in Samanthapuram Village, Rajapalayam Taluk, Virudhunagar District as per compromise decree made in A.S.No.32 of 1997, dated 21.08.1998.

For Petitioner : Mr.M.Thirunavukkarasu For Respondents : Mr.S.Manikandan Government Advocate (Crl. side) for R1 & R2 No Appearance for R3 & R4 1/4

ORDER

The Criminal Original Petition has been filed to direct the respondents 1 and 2 herein to provide police protection to the petitioner's life and limb and for his property comprised in S.No.902/16 in Samanthapuram Village, Rajapalayam Taluk, Virudhunagar District as per compromise decree made in A.S.No.32 of 1997, dated 21.08.1998.

2.The case of the petitioner is that there was a property dispute between the petitioner and the respondents 3 and 4. It appears that the respondents 3 and 4 have already filed a suit in O.S.No.274 of 1996 and the same was dismissed on 27.01.1997. Against which, the respondents 3 and 4 have preferred an appeal before the Additional Sub Court, Srivilliputtur in A.S.No.32 of 1997. Pending the appeal, the matter was compromised and based on the joint compromise memo, a cdecree was passed on 21.08.1998. Thereafter, the petitioner decided to construct the pakka house and the same objected by the respondents 3 and 4 contrary to the compromise decree. Thereby, the petitioner made a representation to the respondents 1 and 2 to give adequate police protection to construct the house and the same was not considered. Hence, the present petition is filed.

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3.The learned counsel for the petitioner would submit that this Court may issue a direction to the respondents 1 and 2 to consider the petitioner's representation and pass appropriate orders.

4.The learned Government Advocate (Crl. side) would submit that the enquiry was conducted and the same was closed on 24.11.2022. 5.In view of the above, no further order is necessary in this petition. Hence, the Criminal Original Petition is dismissed with liberty to the petitioner to workout his remedy before the competent authority in the manner known to law.

Index : Yes/No 13.02.2024 Internet : Yes/No NCC : Yes/No Sji To 1.The Superintendent of Police, Virudhunagar District, Virudhunagar.

2.The Sub-Inspector of Police, North Police Station, Rajapalayam Town, Virudhunagar District.

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M.DHANDAPANI, J.

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

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