Kadhiresan v. The Assistant Commissioner Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.06.2023

CORAM:

THE HONOURABLE MR.JUSTICE G.ILANGOVAN Crl.O.P.(MD) No.11005 of 2023 Kadhiresan ... Petitioner Vs.

1. The Assistant Commissioner of Police, Tirunelveli.

2. The Inspector of Police,, Palayamkottai, Tirunelveli District.

3. Ratheesh

4. Aayirathammal ... Respondents PRAYER: Criminal Original Petition is filed under Section 482 of Cr.P.C, to direct the 2nd respondent to provide Police protection to the life and limb of the petitioner and his property in Document No.2938 of 2020 dated 18.6.2020 in S.No.474/2 in Door No.24, 24 A1, 24 A2, 24 A3 within the period that may be stipulated by this Court. For Petitioners : Mr.Jeeva B For Respodent : Mr.B.Nambiselvan Additional Public Prosecutor 1/4

O R D E R This petition has been filed to direct the 2nd respondent to provide Police protection to the life and limb of the petitioner and his property in Document No.2938 of 2020 dated 18.6.2020 in S.No.474/2 in Door No.24, 24 A1, 24 A2, 24 A3 within the period that may be stipulated by this Court.

2. The learned counsel for the petitioner would submit that the property originally belongs to the petitioner's father and later it was transferred to the name of the private respondents. Now the private respondents claim right over the property, illegally occupied the same and also the third respondent had filed suit for permanent injunction in O.S.No.185 of 2020 before the 1st Additional District Munsif Court, Tirunelveli, and the same was dismissed for default on 30.11.2022. Now seeking Police protection for recovery of the above said possession of the private respondents, this petition has been filed.

3. The learned Additional Public Prosecutor would submit that the representation that was made by the petitioner is kept pending. The private respondents are the estwhile tenants of the petitioner's father. 2/4

After execution of the settlement deed by his father, they continued the occupation.

4. The second respondent is directed to dispose the above said representation of the petitioner immediately by directing the parties to workout their remedy through civil process.

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

21.06.2023 NCC:Yes/No Index : Yes/No Internet : Yes/No Indu 3/4

G.ILANGOVAN. J.

Indu To

1. The Assistant Commissioner of Police, Tirunelveli.

2. The Inspector of Police,, Palayamkottai, Tirunelveli District.

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

Crl.O.P.(MD) No.11005 of 2023 21.06.2023 4/4