Madras High CourtCRL OP(MD)/11441/2020disposed of

P.Aandichamy v. The Superintendent Of Police

2021-03-01Honourable Mrs Justice R. Hemalatha2 pages

Crl.O.P.(MD)No.11441 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 01.03.2021 CORAM :

THE HONOURABLE Mrs. JUSTICE R. HEMALATHA Crl.O.P.(MD)No.11441 of 2020 P.Aandichamy ... Petitioner Vs.

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

2.The Inspector of Police, Y.Othakadai Police Station, Madurai District.

3.Malaichamy ... Respondents Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure to direct the second respondent police to provide police protection to the petitioner for the purpose of fencing his lands.

For Petitioner : Mr.J.Jeyakumaran For Respondents 1 & 2 : Mr.R.Erottuchamy Government Advocate (Criminal Side)

ORDER

The petitioner has filed the present petition under Section 482 of the Code of Criminal Procedure seeking for a direction to the respondent police to provide police protection to the petitioner. 2.The learned counsel appearing for the petitioner contended that the third respondent, who is the son of the present petitioner, filed a suit in O.S.No.263 of 2013 before the I Additional Subordinate Judge, Madurai (Melur Camp) for a partition and separate possession of 1/5th share in the property mentioned in the said suit and after full trial, the suit in O.S.No.263 of 2013 was dismissed by the I Additional Subordinate Judge, Madurai vide decree and judgment dated 24.08.2018 and that inspite of the same, the third respondent is attempting to evict the petitioner from his lawful possession of the property.

3.Mr.R.Erottuchamy, learned Government Advocate (Criminal side), who accepts notice on behalf of the respondents 1 and 2, on instructions, would submit that the representation submitted by the petitioner is still pending for consideration. 4.In the circumstances, the second respondent is directed to dispose of the representation submitted by the petitioner keeping in mind the provisions under Section 21 of the Maintenance and Welfare https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.11441 of 2020 of Parents and Senior Citizen Act, 2007, within a period of two weeks from the date of receipt of a copy of this order/uploading of the order, after giving sufficient opportunities to the third respondent.

5.With the above observation, the Criminal Original Petition is dispose of.

Sd/- Assistant Registrar (CS-I) // True Copy // / /2021 Sub Assistant Registrar(CS) 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, Madurai District, Madurai.

2.The Inspector of Police, Y.Othakadai Police Station, Madurai District.

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

Crl.O.P.(MD)No.11441 of 2021 01.03.2021 MJ(CO) KB(31.03.2021) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2