M.Sivasamy v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 11.07.2022

CORAM

THE HONOURABLE MR.JUSTICE V.SIVAGNANAM Crl.O.P(MD)No.12423 of 2022 M.Sivasamy ... Petitioner Vs.

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

2.The Deputy Superintendent of Police, Vedasandur Division, Vedasandur, Dindigul District.

3.The Inspector of Police, Vedasandur Police Station, Vedasandur, Dindigul District.

(Crime No.84 of 2022).

...Respondents

Prayer: Criminal Original Petition is filed under Section 482 Cr.P.C directing the third respondent to provide police protection to the petitioner's life and limb and in respect of properties in S.F.Nos.20/21, 39, 40/1, 40/6, 42/2, 43/2, 45/3, 46/3, 40/2, 45/2, 46/1 and 46/2 situated at Malvarpatti Village Vedasandur Taluk,Dindigul District by considering the petitioner's representation dated 24.06.2022.

1/6

For Petitioner : Mr.V.Muthukamatchi For Respondents : Mr.R.Suresh Kumar, Government Advocate (Criminal Side).

ORDER

This Criminal Original Petition has been filed to direct the third respondent to provide police protection to the petitioner's life and limb and in respect of properties in S.F.Nos. 20/21, 39, 40/1, 40/6, 42/2, 43/2, 45/3, 46/3, 40/2, 45/2, 46/1 and 46/2 situated at Malvarpatti Village Vedasandur Taluk,Dindigul District by considering the petitioner's representation dated 24.06.2022.

2. The facts of the case are that the aforesaid land was originally belongs to one Gannammal and she executed settlement deed in favour of his son namely, Johnson. The said Johnson executed General Power of Attorney with regard to aforesaid properties in favour of the petitioner and the same was duly registered. In such circumstances, due to inability of maintaining the properties and based on the General Power of Attorney, the petitioner has executed sale deed in favour of two persons namely, D.Balusamy and Ravichandran in respect of the aforesaid properties. At this juncture, the said Johnson illegally 2/6

trespassed into the properties and threatened the petitioner and the purchasers. In this regard, the petitioner made complaint before the respondent Police and an F.I.R has been registered in Crime No.84 of 2022 against the said Johnson for offences under Sections 447, 324, 294(b) and 506(ii) IPC. From the date of registration of the F.I.R, the said Johnson made life threat to the petitioner and his family members. Having no other way, the petitioner preferred a representation dated 24.06.2022 to the respondents Police, seeking for protection. Since, no action was taken, the present Criminal Original Petition has been filed.

3. The learned Government Advocate (Criminal Side) appearing for the respondents submitted that based on the complaint given by the petitioner, a case has been registered in Crime No.84 of 2022 for offences under Sections 447, 324, 294(b) and 506(ii) IPC and now they are ready to provide protection.

4. The learned counsel for the petitioner submitted that the petitioner now seeks to consider the representation dated 24.06.2022. 3/6

5. By recording the submissions made by both the parties, this Court directs the third respondent to provide sufficient protection by considering the petitioner's representation dated 24.06.2022 and take suitable action on merits within a period of three (3) weeks from the date of receipt of a copy of this order.

6. With the above direction, this Criminal Original Petition is disposed of.

11.07.2022 Index : Yes / No Internet : Yes/ No Nsr 4/6

To 1.The Superintendent of Police, Dindigul District, Dindigul.

2.The Deputy Superintendent of Police, Vedasandur Division, Vedasandur, Dindigul District.

3.The Inspector of Police, Vedasandur Police Station, Vedasandur, Dindigul District.

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

5/6

V.SIVAGNANAM, J.

Nsr Crl.O.P(MD)No.12423 of 2022 11.07.2022 6/6