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Madras High CourtCRL OP(MD)/13060/2020disposed of

Natarajan v. The Superintendent Of Police

2020-11-19Honourable Mrs Justice J. Nisha Banu3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.11.2020

CORAM:

THE HONOURABLE MRS.JUSTICE J.NISHA BANU Crl.O.P.(MD)No.13060 of 2020 Natarajan ... Petitioner Vs.

1.The Superintendent of Police Tenkasi District, Tenkasi.

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

3.The Inspector of Police Uthumalai Police Station Tenkasi District.

4.Thiraviam 5.Hariharasudhan

...Respondents

PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to direct the second respondent to provide adequate police protection for life and limb of the petitioner against the respondents 4 and 5, while taking possession of his property situated in S.No.23/7 to an extent of 36 cents of land and in S.No.46/7 to an extent of 480 sq.feet of house property situated in karayalanur Village, VK Pudur Taluk, Tenkasi District on the basis of the petitioner's representation dated 06.10.2020 preferred by the petitioner in accordance with law.

For Petitioner : Mr.M.Sankar For Respondents 1 to 3 : Mr.V.Neelakandan Additional Public Prosecutor

O R D E R

This Criminal Original Petition has been filed to direct the second respondent to provide adequate police protection for life and limb of the petitioner against the respondents 4 and 5, while taking possession of his property situated in S.No.23/7 to an extent of 36 cents of land and in S.No.46/7 to an extent of 480 sq.feet of 1/3

house property situated in karayalanur Village, VK Pudur Taluk, Tenkasi District on the basis of the petitioner's representation dated 06.10.2020 preferred by the petitioner in accordance with law.

2. The petitioner states that he has purchased the above said property from one M.T.Raja @ Thangarajpandian, by virtue of sale deed dated 29.03.2012. The previous owner had filed an injunction suit in O.S.No.430 of 2006 on the file of Principal District Munsif Court, Tenkasi and got decree in his favour on 05.01.2007. The respondents 4 and 5 are illegally occupied the above said property by dumping garbage in the land and parked their van. The petitioner has approached them to remove the illegal occupation, but in turn they threatened him and abused with filthy language. Hence, the petitioner has given a representation dated 06.10.2020 to the respondents 1 to 3. So far, no action has been taken by the respondent police. Hence, the present petition. 3.The learned Additional Public Prosecutor appearing on behalf of the respondents 1 to 3, on instructions, would submit that based on the complaint of the petitioner, dated 06.10.2020, enquiry has been conducted.

4. The learned counsel for the petitioner would submit that the suit has also been ended in favour of the petitioner. 5.Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the respondents 1 to 3.

6.Considering the facts and circumstances of the case, the second respondent is directed to consider the representation of the petitioner, dated 06.10.2020, within a period of two 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.

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

Sd/- Assistant Registrar(CS-II) // True Copy // / /2020 Sub Assistant Registrar(CS) 2/3

rm 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 Tenkasi District, Tenkasi.

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

3.The Inspector of Police Uthumalai Police Station Tenkasi District.

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

Crl.O.P.[MD]No.13060 of 2020 19.11.2020 CK(CO) TR(26.11.2020) 3P 5C 3/3