Madras High CourtCRL OP(MD)/12545/2020disposed of

R.Jeyasingh Chandrabose v. The Superintendent Of Police

2020-12-07Honourable Mrs Justice J. Nisha Banu3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.12.2020

CORAM:

THE HONOURABLE MRS.JUSTICE J.NISHA BANU R.Jeyasingh Chandrabose ... Petitioner Vs 1.The Superintendent of Police, O/o the Superintendent of Police, Tuticorin District,Tuticorin.

2.The Deputy Superintendent of Police, O/o the Deputy Superintendent of Police, Sathankulam, Tuticorin District.

3.The Inspector of Police, Meignanapuram Police Station, Tuticorin District.

4.R.Indra ... Respondents PRAYER: Petition filed under Section 482 Code of Criminal Procedure, to direct the respondents to provide adequate police protection to the life and limb of the petitioner to reside in his home in Survey No.248/3, Ward No.1, Door No.276 in an extent of five cents situated at Semmarikulam Village, Thiruchendur Taluk, Tuticorin District by considering the petitioner's representation dated 11.09.2020, within the time stipulated by this Court.

For Petitioner : Mr.T.Thirumurugan For R1 to R3 : Mr.V.Neelakandan, Additional Public Prosecutor(Crl.Side)

O R D E R

This Criminal Original Petition has been filed to direct the 3rd respondent to provide adequate police protection to the petitioner on the basis of the representation given by him on 11.09.2020.

2. According to the petitioner, the land in Survey No.248/3, Ward No.1, Door No.276 to an extent of five cents situated at Semmarikulam Village, Thiruchendur Taluk, Tuticorin District was given by the Government of Tamilnadu to his father and the same was in his possession and enjoyment till his demise. Thereafter, the petitioner and his brothers were enjoying the said property, with the consent of their sisters. Subsequently, the petitioner's mother and one of his brother namely Rajan also died. After that, there was a dispute among the family members. Hence, the petitioner and his 1/3

brothers namely Sathyaseelan and Jeyakumar have filed a suit in O.S.No.165 of 2010 before the District Munsif cum Judicial Magistrate Court, Thiruchendur and also obtained decree in their favour. Even after obtaining decree, the 4th respondent had disturbed and threatened the petitioner with dire consequence. Hence, the petitioner has sent representation on 11.09.2020 to the respondents 1 to3,for giving police protection. But, no action has been taken by the respondent police. Hence, the petitioner is before this Court. 3.The learned counsel for the petitioner would submit that the petitioner has also filed W.P.(MD) No.15357 of 2020 and also obtained an order dated 05.11.2020 for surveying his land. 4.

The learned Additional Public Prosecutor appearing on behalf of the respondents 1 to 3, on instructions, would submit that based on the complaint given by the petitioner, enquiry was conducted and during the enquiry, the 4th respondent has given a statement that an Appeal against the decree passed in O.S.No.165 of 2010 is pending before the Civil Court at Tuticorin and also given undertaking that she and her family members will abide by the order of the Court below, where the appeal is pending. Recording the same, the complaint was closed on 07.11.2020.

5.Recording the submission made by the learned Additional Public Prosecutor(Crl.Side) that the complaint was closed 07.11.2020, based on the undertaking given by the 4th respondent that they will abide by the order in the pending appeal, this petition is closed.

Sd/- Assistant Registrar (Cs-II) // True Copy // / /2021 Sub Assistant Registrar(CS) vrn 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, O/o the Superintendent of Police, Tuticorin District, Tuticorin.

2/3

2.The Deputy Superintendent of Police, O/o the Deputy Superintendent of Police, Sathankulam, Tuticorin District.

3.The Inspector of Police, Meignanapuram Police Station, Tuticorin District.

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

+1CC to Mr.T.Thirumurugan,Advocate,SR.No.24698 dated09/12/2020 07.12.2020 MJ(CO) KB(03.02.2021) 3P 6C 3/3