Vijayalakshmi v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.11.2020

CORAM:

THE HONOURABLE MRS.JUSTICE J.NISHA BANU Vijayalakshmi ... Petitioner Vs

1. The Superintendent of Police Tenkasi, Tenkasi District.

2. The Deputy Superintendent of Police, Kadayanallur, Tenkasi District.

3. The Inspector of Police, Kadayanallur Police Station, Tenkasi District.

4. Mariappan ... Respondents PRAYER: Petition filed under Section 482 Code of Criminal Procedure, to direct the respondents 1 to 3 to provide necessary police protection to the life and limb of the petitioner and for the peaceful living in their home, by considering the petitioner's representation dated 15.10.2020.

For Petitioner : Mr.D.Balamurugapandi For R1 to R3 : Mr.V.Neelakandan, Additional Public Prosecutor

O R D E R

This Criminal Original Petition has been filed to direct the respondents 1 to 3 to provide necessary police protection to the life and limb of the petitioner and for the peaceful living in their home, by considering the petitioner's representation dated 15.10.2020.

2. The learned counsel for the petitioner would submit that the property in Survey No.164/2, to an extent of 1 Acre 19 cents was belonging to the petitioner's mother namely Venkateshwari and subsequently she had executed a settlement deed in favour of the 1/3

petitioner on 05.10.2018. While the petitioner was digging a Well in her property, the 4th respondent trespassed into her property and stolen the fencing stones. Also, when the Revenue officials came to the petitioner's property for surveying the land, the 4th respondent started threatening the petitioner. Hence, the petitioner has made representation dated 15.10.2020 to the respondent Nos.1 to 3, seeking police protection. But, so far no action has been taken by the respondent police. Hence, the petitioner is before this Court. 3.The learned Additional Public Prosecutor appearing on behalf of the respondents 1 to 3, on instructions, would submit that the first complaint was given by the petitioner's mother and the same has been assigned with CSR No.563 of 2020 on 30.09.2020. The enquiry is pending. Now, the petitioner has given the present complaint on 15.10.2020 and the same has also been assigned with CSR No.619 of 2020 on 16.10.2020. The enquiry pertaining to this CSR No. is also pending.

4.Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the respondents 1 to 3.

5.Considering the submission made on either side, the respondents 1 to 3 are directed to consider the representation of the petitioner, dated 15.10.2020 and give police protection to the petitioner, if necessary. If it is found that police protection is not necessary, the same shall be communicated to the petitioner so that she can work out her rights in the manner known to law. 6.With the above direction, this criminal original petition is disposed of.

Sd/- Assistant Registrar (RTI) // True Copy // / /2020 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.

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To:-

1. The Superintendent of Police Tenkasi, Tenkasi District.

2. The Deputy Superintendent of Police, Kadayanallur, Tenkasi District.

3. The Inspector of Police, Kadayanallur Police Station, Tenkasi District.

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

+1 CC to Mr.D.BALAMURUGAPANDI, Advocate SR-21845. 11.11.2020 SGS(CO) CS(30.11.2020) 3P 6C 3/3