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Madras High CourtCRL OP(MD)/12824/2020disposed of

Marayee Ammal v. The Superintendent Of Police

2020-11-11Honourable Mrs Justice J. Nisha Banu3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.11.2020

CORAM:

THE HONOURABLE MRS.JUSTICE J.NISHA BANU Marayee Ammal ... Petitioner Vs 1.The Superintendent of Police Karur District, Karur District.

2.The Deputy Superintendent of Police, Aravakuruchi Sub Division, Karur District.

3.The Inspector of Police, Aravakuruchi Police Station, Karur District.

4.Ponnusamy 5.Deepan 6.Tamilselvi ... Respondents PRAYER: Petition filed under Section 482 Code of Criminal Procedure, to direct the second respondent to issue necessary police protection to the petitioner's life and limb, by considering the petitioner's complaint, dated 03.10.2020.

For Petitioner :

Mr.R.Mathiyalagan 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 second respondent to issue necessary police protection to the petitioner's life and limb, by considering the petitioner's complaint, dated 03.10.2020.

2. The learned counsel for the petitioner would submit that the fourth respondent is the son-in-law and fifth and sixth respondents are grand children of the petitioner. The petitioner is having land in S.No.491,492, 493 & 494 in Aravakuruchi Village, Karur. The petitioner has registered a settlement deed to her daughter namely Nallammal on 20.02.1987, on condition that the petitioner has retained the possession and income of the properties till her death. But her daughter died on 21.04.2018. Thereafter, the respondents 4 to 6 have changed the patta in their name illegally 1/3

without the knowledge of the petitioner and have started to threaten the petitioner to vacate the land. For the complaint given by the petitioner on 05.09.2020, no action has been taken by the respondent police. Hence, the petitioner has filed Crl.O.P(MD) No.10245 of 2020 before this Court. When the petition was taken up for hearing, the Public Prosecutor represented that the petitioner has already withdrew the complaint on 13.09.2020. According to the petitioner, the third respondent has colluded with the 4th respondent has done so. Hence, the petition was closed. The petitioner has filed a suit before the District Munsif cum Judicial Magistrate, Aravakuruchi for declaration and the same is yet to be numbered. In the meantime, the petitioner has sent a representation to the respondents 1 to 3 on 03.10.2020, 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 this is the second complaint filed by the petitioner. Enquiry has been conducted against the first complaint lodged by the petitioner and it has been closed on 24.09.2020. He would further submit that the respondent police will look into the matter and if necessary, police protection will be given to the petitioner. 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 03.10.2020, within a period of four weeks from the date of receipt of a copy of this order 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 (CS-II) // True Copy // / /2020 Sub Assistant Registrar(CS) vrn 2/3

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 Karur District, Karur District.

2.The Deputy Superintendent of Police, Aravakuruchi Sub Division, Karur District.

3.The Inspector of Police, Aravakuruchi Police Station, Karur District.

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

11.11.2020 KG(CO) AP(26/11/2020) 3 P 5C 3/3