Chelladurai Pandian v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.11.2020

CORAM:

THE HONOURABLE MRS.JUSTICE J.NISHA BANU Chelladurai Pandian ... Petitioner Vs 1.The Superintendent of Police Tenkasi District Tenkasi 2.The Inspector of Police Uthumalai Police Station Tenkasi District 3.Mottaya Thevar 4.Arumugam Pandi 5.Lakshmana Pandi 6.Madathi 7.Valliammal ... Respondents PRAYER: Petition filed under Section 482 Code of Criminal Procedure, to direct the second respondent to provide adequate police protection to the petitioner's life and to enjoy the property in survey No.411/2A at Kavalakurichi Village, Tenkasi District by considering his representation dated 14.10.2020. For Petitioner : Mr.T.Lenin Kumar For R1 and R2 : Mr.V.Neelakandan, Additional Public Prosecutor

O R D E R

This Criminal Original Petition has been filed to direct the second respondent to provide adequate police protection to the petitioner's life and to enjoy the property in survey No.411/2A at Kavalakurichi Village, Tenkasi District by considering his representation dated 14.10.2020.

2. The learned counsel for the petitioner would submit that there was a civil dispute between the petitioner and the respondents 3 to 7. The grievance of the petitioner is that even though the respondents 3 to 7 had lost their battle before the civil Court, are continuously disturbing the petitioner's possession. On 10.10.2020, when the petitioner was in his land, the respondents 3 to 7 armed with deadly weapons and attempted to chop them. Hence, the petitioner made a representation dated 14.10.2020 before the second 1/3

respondent for police protection. But, so far, no action has been taken by the second respondent. Hence, the present petition. 3.The learned Additional Public Prosecutor appearing on behalf of the respondents 1 & 2, on instructions, would submit that the complaint of the petitioner, dated 14.10.2020, has been received by the respondent police and based on which enquiry has been initiated in CSR.No.516 of 2020 and the same is pending. 4.Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the respondents 1 and 2.

5.Considering the submission made on either side, the respondents 1 and 2 are directed to consider the representation of the petitioner, dated 14.10.2020. If necessary, the second respondent is directed to give police protection to the petitioner. If it is found that police protection is not necessary, based on the petitioner's complaint, the representation shall be rejected and the same shall be communicated to the petitioner so that he can work out his rights in the manner known to law.

6.With the above direction, this criminal original petition is disposed of.

Sd/- Assistant Registrar (AS) // True Copy // / /2020 Sub Assistant Registrar(CS) msa 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 Tenkasi District Tenkasi 2.The Inspector of Police Uthumalai Police Station Tenkasi District 2/3

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

05.11.2020 VB (19.11.2020) 3P 4C 3/3