Pandiyammal v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 30.11.2023

CORAM

THE HON'BLE MR.JUSTICE G.ILANGOVAN Pandiyammal ... Petitioner Vs.

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

2.The Inspector of Police, Tenkasi District, Tenkasi.

3.S.Jegadheeshwari ... Respondents PRAYER : Criminal Original Petition filed under Section 482 of the Criminal Procedure Code, to issue direction, directing the second respondent to provide police protection to the life and limb of the petitioner and his property bearing S.No.1130/1 to an extent of 1 acre and 19 cents within the period that may be stipulated by this Court. For Petitioners : Mr.B.Jeeva For R1 and R2 : Mr.M.Sakthi Kumar Government Advocate (Crl.side) For R3 : Mr.S.Mariselvam 1/6

ORDER

This Criminal Original Petition is filed to issue direction, directing the second respondent to provide police protection to the life and limb of the petitioner and his property bearing S.No.1130/1 to an extent of 1 acre and 19 cents within the period that may be stipulated by this Court.

2. Seeking police protection, this petition is filed. Fearing life threat at the hands of the third respondent, the petitioner has given a complaint to the second respondent. Pending the investigation, the matter was referred to the Mediation for settlement. In the mediation process, settlement was arrived at between the parties. They have agreed to sell a portion of the property measuring about 14.20 cents on receiving the balance amount.

3. Learned counsel for the petitioner submitted that now they are also ready to execute the sale deed in pursuance of the terms of the agreement. But objection is raised by the Sub Registrar, Karivalamvanthanallur, that a portion of the property cannot be permitted to sell. For that purpose, the petitioner wants a direction of this Court. 2/6

4. The terms of the settlement is as follows: i) In respect of the schedule property out of the total sale consideration amount of Rs.41,18,000/- for the entire extent of 14.20 cents. Of which a sum of Rs. 8,50,000/- has already been paid by the 2nd party to the 1st party. For deducting the above said amount of Rs. 8,50,000/- and with 12% interest from 10.05.2013 to 23.08.2023 for a sum of Rs.18,99,000/- and the balance amount of Rs.22,19,000/- should be payable by the 2nd party to the 1st party within three months from today, the 1st party have to settle the prior encumbrance in respect of the schedule property.

ii) The 2nd party should be withdrawn the case in O.S.No.19/2015 on the file of Sub Court, Sankarankovil against the 1st party without any costs.

iii) The 1st party and the Jacab Rajasingh who is the business coordinator of Indian Auto Gas Company Chennai should be redeemed the Lease deed under document No.2263/2010 dated 30.07.2010 in respect of schedule property and with adjacent land in Nanja S.No. 1130/1 and now Re-survey No.1130/1A1 in Karivalamvanthanallur, Sankarankovil Taluk. Both parties are liable to face all the legal consequences in respect of the redemption of the said Lease deed. 3/6

5. Let the terms of the compromise also be form part of this order and the same may be produced before the concerned Sub Registrar for further action.

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

30.11.2023 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No Note: Issue order copy on 01.12.2023 pnn 4/6

To 1.The Superintendent of Police, Tenkasi District, Tenkasi. 2.The Inspector of Police, Tenkasi District, Tenkasi. 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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G.ILANGOVAN ,J.

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