Madras High CourtCRL OP(MD)/10752/2023disposed of

V.Kalaiselvi v. The Superintendent Of Police

2024-09-09Honourable Mr Justice D.Bharatha Chakravarthy4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 09.09.2024

CORAM

The Hon`ble Mr.Justice D.BHARATHA CHAKRAVARTHY CRL OP(MD). No.10752 of 2023 V.Kalaiselvi ... Petitioner Vs.

1. The Superintendent of Police Madurai District.

2. The Inspector of Police Kadupatti Police Station, Kadupatti, Madurai District.

3. Poonkodi ... Respondents PRAYER :- This Petition is filed under Section 482 Cr.P.C, to direct the respondents 1 and 2 to give police protection to the petitioner and her son and the land to an extent of 381/2 cents in resurvey No.634/1 634/2 Melagal Village, Vadipatti Taluk, Madurai District based on the judgment and decree dated 29.01.2013 in O.S.No.183 of 2011 on the file of the District Munsif cum Judicial Magistrate, Vadipatti. For Petitioner : Mr.N.Pragalathan For Respondents : Mr.R.M.Anbunithi Additional Public Prosecutor for R1 &2 : No appearance for R3

ORDER

This Petition is filed to direct the respondents 1 and 2 to give police protection to the petitioner and her son and the land to an extent of 381/2 cents in resurvey Nos.634/1, 634/2 Melagal Village, Vadipatti Taluk, Madurai District, based on the judgment and decree dated 29.01.2013, in O.S.No.183 of 2011, on the file of the District Munsif cum Judicial Magistrate, Vadipatti.

2. It is seen that the petitioner has got a decree in O.S.No.183 of 2011 in his favor. Therefore, the private respondent cannot interfere with the plaintiffs peaceful possession. It is now represented by the Additional Public Prosecutor that the private respondent has given in writing that he will take such steps before the civil Court, based on which, the petition was closed. Therefore, unless any appeal is filed or any order, which is granted in favour of the private respondent, the private respondent cannot interfere. When the petitioner is armed with the civil Court decree, if there is any further interference, the petitioner reports to the respondent police and the respondent police shall grant protection in terms of the civil Court decree.

3. With the above directions, this Criminal Original Petition stands disposed of.

09.09.2024 Internet : Yes Index : Yes/ No NCC : Yes/No LS TO

1. The Superintendent of Police Madurai District.

2. The Inspector of Police Kadupatti Police Station, Kadupatti, Madurai District.

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

4.The District Munsif cum Judicial Magistrate, Vadipatti.

D.BHARATHA CHAKRAVARTHY,J LS

ORDER

IN CRL OP(MD) No.10752 of 2023 Date : 09.09.2024