M.Karuppan v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 09.11.2018

CORAM:

THE HONOURABLE MR. JUSTICE A.D. JAGADISH CHANDIRA Crl.O.P.(MD).No.20077 of 2018 M.Karuppan

...Petitioner

Vs.

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

2.The Deputy Superintendent of Police, Virudhunagar, Virudhunagar District.

3.The Sub-Inspector of Police, Vathirayiruppu Police Station, Virudhunagar District.

4.Karuppaiah 5.Sundarrajan

...Respondents

PRAYER: This Criminal Original Petition has been filed under Section 482 of Criminal Procedure Code, to direct the first respondent to direct the 3rd respondent to take necessary action against the 4th and 5th respondents and to give adequate protection to the life and limb of the petitioner and his family members by considering the petitioner's complaint dated 26.09.2018, within the period stipulated by this Court.

For Petitioner: Mr.A.Haja Mohideen For R-1 to R-3: Mr.A.Robinson Government Advocate (Crl. Side)

ORDER

This petition has been filed seeking a direction to the first respondent to direct the third respondent to take necessary action against the 4th and 5th respondents and to give adequate protection to the life and limb of the petitioner and his family members by considering the petitioner's complaint dated 26.09.2018, within the period stipulated by this Court.

2. The learned counsel for the petitioner would submit that he is in possession and occupation of the ancestral property in Old Survey No.239/1(pt), New Survey No.1336/20, measuring to an extent of 0.00.47.0 Ares in Chettiar Middle Street, Maharajapuram Village, Srivilliputhur Taluk, Virudhunagar District. He would further submit that the respondents 4 and 5 were interfering with his peaceful possession. Therefore, the petitioner gave a complaint to the respondents 1 to 3. Since the 3rd respondent did https://hcservices.ecourts.gov.in/hcservices/

not take any action against them, the petitioner has come up with this Criminal Original Petition.

3. The learned Government Advocate (Criminal side) would submit that based on the complaint given by the petitioner, the respondents 4 and 5 were called for an enquiry by issuing summons and the respondents 4 and 5 have appeared before the third respondent and given an undertaking that they will not interfere with the petitioner's peaceful possession and occupation and that they had agreed to take appropriate steps before the civil Court, whereas the petitioner had not turned up for enquiry despite summons issued for enquiry.

4. At this juncture, the learned counsel for the petitioner would submit that the petitioner would appear for enquiry, if the enquiry is conducted on 12.11.2018 at 5.30 p.m.

5. If the respondents 4 and 5 interfere with the peaceful possession of the petitioner, the third respondnet shall take appropriate steps in accordance with law.

6. With the above observations, the Criminal Original Petition shall stand closed.

Sd/- Assistant Registrar (CS-IIII) // True Copy // Sub Assistant Registrar(CS-) To 1.The Superintendent of Police, Virudhunagar, Virudhunagar District.

2.The Deputy Superintendent of Police, Virudhunagar, Virudhunagar District.

3.The Sub-Inspector of Police, Vathirayiruppu Police Station, Virudhunagar District. 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+ 1 CC TO MR.A.HAJA MOHIDEEN, ADVOCATE IN SR NO.94699 SJI BU/SKN/SAR-2 :19.11.2018 : 2P/6C https://hcservices.ecourts.gov.in/hcservices/ Crl.O.P.(MD).No.20077 of 2018 09.11.2018