Madras High CourtCRL OP(MD)/12641/2022disposed of

Subbaiah v. The Superintendent Of Police

2024-02-13Honourable Mr Justice M.Dhandapani4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 13.02.2024

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI Subbaiah ... Petitioner Vs.

1.The State Rep. by The Superintendent of Police, Office of the Superintendent of Police, Ramanathapuram.

2.The Inspector of Police, Parthipanur Police Station, Ramanathapuram District.

3.Umayal Eswari ... Respondents PRAYER:- Petition filed under Section 482 of Cr.P.C., to grant a police protection for the construction of the compound wall over the petitioner's land situated at S.No.554/9 of Parthipanur Village, Paramakudi Taluk by considering the petitioner's representation, dated 20.06.2022. For Petitioner : Mr.Mathavaselvam For Respondents : Mr.S.Manikandan Government Advocate (Crl. side) for R1 & R2 1/4

ORDER

The Criminal Original Petition has been filed to direct the respondents 1 and 2 to provide police protection for the construction of the compound wall over the petitioner's land situated at S.No.554/9 of Parthipanur Village, Paramakudi Taluk, by considering the petitioner's representation, dated 20.06.2022.

2.The case of the petitioner is that the petitioner is the owner of the property in S.No.554/9. However, the third respondent claims over the property, for which, the petitioner filed a suit in O.S.No.21 of 2015 before the District Munsif Court, Paramakudi, seeking a relief of declaration and permanent injunction and the same was decreed in his favour on 10.08.2017. Based on which, the petitioner decided to construct a compound wall for the said property and the same was objected by the third respondent. Hence, the present petition is filed.

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.

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4.The learned Government Advocate (Crl. side) would submit that the petitioner's representation will be considered within four weeks. 5.In view of the above, the second respondent police is directed to consider the petitioner's representation dated 20.06.2022 and pass appropriate orders on merits and in accordance with law, after giving an opportunity to the third respondent. Such an exercise shall be done within a period of four weeks from the date of receipt of a copy of this order. 6.With the above direction, this Criminal Original Petition is disposed of. Index : Yes/No 13.02.2024 Internet : Yes/No NCC : Yes/No Sji To 1.The Superintendent of Police, Office of the Superintendent of Police, Ramanathapuram.

2.The Inspector of Police, Parthipanur Police Station, Ramanathapuram District.

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

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M.DHANDAPANI, J.

Sji 13.02.2024 4/4