Ponmani v. The Superintendent Of Police

Crl.O.P.(MD).No.12132 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.08.2021

CORAM:

THE HONOURABLE MR.JUSTICE G.ILANGOVAN Crl.O.P.(MD).No.12132 of 2021 Ponmani ... Petitioner Vs.

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

2.The Inspector of Police, Nanguneri Police Station, Thirunelveli District.

3.Ponsilvan. ... Respondents PRAYER: Criminal Original Petition is filed under Section 482 of Cr.P.C, to direct the first and second respondent to provide adequate police protection to the petitioner for her life and limb, when she goes to her own house based on the representation dated 09.08.2021.

For Petitioners : Mr.M.Murugesan For Respondents : Mr.K.Sanjai Gandhi Government Advocate (Criminal Side)

O R D E R

This petition has been filed seeking to direct the first and second respondents to provide adequate police protection to the petitioner for her life and limb, when she goes to her own house based on the representation dated 09.08.2021. 2.The case of the petitioner is that she purchased a house from the third respondent for valid consideration in the year 2015. Thereafter, the third respondent requested the petitioner to permit him to continue in the same house for some time. Later, the third respondent refused to vacate the house. For the past six years, he is in the occupation and refused to hand over the possession to the petitioner. Hence, she made a representation before the first respondent on 05.08.2021. The second respondent has also issued a receipt in C.S.R.No.247 of 2021. After issuance of CSR, no action has been taken.

Thereafter, the second representation was made on 09.08.2021 by the petitioner. Even after, no action was taken. 3.The learned Additional Public Prosecutor would submit that on the basis of the earlier representation given by the petitioner, https://hcservices.ecourts.gov.

Crl.O.P.(MD).No.12132 of 2021 enquiry was undertaken in C.S.R.No.247 of 2021 and during the course of enquiry, the parites appeared and gave a statement to the effect that in respect of civil dispute, they will work out their remedy before the Civil Court. Based upon that, it came to be closed on 05.08.2021. It appears that after three days of the closure report, again another representation has been made.

4.Since the petitioner himself gave a statement, she will work out her remedy before the appropriate Court, granting of police protection may not arise at all. Hence, this Criminal Original Petition is dismissed with a liberty to work out her remedy before the Civil Court.

Sd/- Assistant Registrar (CS II) // 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, Thirunelveli District, Thirunelveli.

2.The Inspector of Police, Nanguneri Police Station, Thirunelveli District.

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

Crl.O.P.(MD).No.12132 of 2021 25.08.2021 RS (02.09.2021) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2