Arul Manikandan v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.11.2020

CORAM:

THE HONOURABLE MRS.JUSTICE J.NISHA BANU Crl.O.P(MD)No.12919 of 2020 Arul Manikandan ... Petitioner Vs 1.The Superintendent of Police Madurai District, Madurai.

2.The Sub Inspector of Police, Austinpatti Police Station, Madurai District.

3.Thangavel 4.R.Jegadeesan 5.M.Alagammal ... Respondents PRAYER: Petition filed under Section 482 Code of Criminal Procedure, to direct the second respondent police to give necessary police protection to the petitioner based on his representation dated 14.09.2020.

For Petitioner : Mr.S.Saravanakumar For R1 & R2 : Mr.V.Neelakandan, Additional Public Prosecutor(Crl.Side)

O R D E R

This Criminal Original Petition has been filed to direct the second respondent police to give necessary police protection to the petitioner based on his representation dated 14.09.2020.

2. The learned counsel for the petitioner would submit the petitioner is the absolute owner of the property in Plot No.638, in the name of "VGP Golden City", in S.No,415/1A, Thenpalanji Village, Karadikal Village, Thirumangalam Taluk, Madurai District, as per the sale deed dated 16.03.2020. The petitioner's vendor namely P.S.Rajkumar has purchased the said property through his power agent/father by way of sale deed dated 21.01.2020. The respondents 3 to 5, who are residing nearby village are strangers to the property. According to the petitioner, due to upcoming AIMS Hospital in the said locality, the respondents 3 to 5 are trying to extract money from the real owners and they are preventing the petitioner to enter into his property. Hence, the petitioner and his vendor gave complaint to the 1st respondent on 14.09.2020, for giving police protection. But, so far no action has been taken by the respondent police. Hence, the petitioner is before this Court. 1/3

3.The learned Additional Public Prosecutor appearing on behalf of the respondents 1 & 2, on instructions, would submit that based on the complaint given by the petitioner and his vendor, a case in Crime No.1820 of 2020 has been registered, under Sections 447 and 427 of IPC on 09.11.2020.

4. In reply, the learned counsel for the petitioner would submit that even though First Information Report has been registered by the respondent police, no further action has been taken. Further, he would submit that though the petitioner has succeeded in civil dispute upto Supreme Court, the respondents 3 to 5 are not allowing the petitioner to enter into his own property. Hence, the learned counsel would pray to direct the respondent police to give necessary police protection to the petitioner and his property. 5.Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the respondents 1 & 2.

6.Considering the submission made on either side, the respondents 1 & 2 are directed to consider the representation of the petitioner, dated 14.09.2020, 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 he can work out his rights in the manner known to law.

7.With the above direction, this criminal original petition is disposed of.

Sd/- Assistant Registrar (CS-II) // 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 Madurai District, Madurai.

2.The Sub Inspector of Police, Austinpatti Police Station, Madurai District.

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

Crl.O.P(MD)No.12919 of 2020 18.11.2020 VB (01.12.2020) 3P 4C 3/3