Madras High CourtCRL OP(MD)/14022/2020allowed

S.Ahamed Sha Ravuthar v. The Superintendent Of Police

2020-12-08Honourable Mrs Justice J. Nisha Banu2 pages

Crl.O.P.(MD)No.14022 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.12.2020

CORAM

THE HONOURABLE MRS.JUSTICE J.NISHA BANU Crl.O.P.(MD)No.14022 of 2020 S.Ahamed Sha Rauvuthar ... Petitioner Vs.

1.The Superintendent of Police, Thanjavur District.

2.The Sub Inspector of Police, Vatathi Kottai Police Station, Thanjavur.

3.Premalatha 4.Kamalesh ... Respondents Prayer : Criminal Original Petition filed under Section 482 Cr.P.C., to direct the respondents herein to provide adequate police protection to the petitioners family for construction work in their land in old survey No.221/5A, New Survey No.221/5A1, 5A2 totally 1 Acres 7 Cents, situated at Chenniya Viduthi revenue village, Orathanadu Taluk, Thanjavur District, based on the complaint dated 20.11.2020.

For Petitioner : Mr.V.S.Kumaraguru For R1 & R2 : Mr.V.Neelakandan, Additional Public Prosecutor

ORDER

This criminal original petition has been filed to direct the respondents herein to provide adequate police protection to the petitioners family for construction work in their land in old survey No.221/5A, New Survey No.221/5A1, 5A2 totally 1 Acres 7 Cents, situated at Chenniya Viduthi revenue village, Orathanadu Taluk, Thanjavur District, based on the complaint dated 20.11.2020. 2.The learned counsel for the petitioner would submit that there is civil dispute between the petitioner and the third and fourth respondents and the petitioner got civil Court's decree against the third and fourth respondents. However, there was a continuance threat from the third and fourth respondents. He would further submit that as per the guidelines issued by the Government in G.O.Ms.No.1580 Home (Pol.VII) Department, dated 24.11.2008 the https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.14022 of 2020 respondent police shall give police production to implementation of the civil Court order and the above facts also confirmed in the judgment reported in 2014 (2) CTC 695 and hence, he prayed for police protection.

3.Considering the facts and circumstances of the case and also considering the fact that there is a decree in favour of the petitioner, the first and second respondents police are directed to give police protection to the petitioner, based on the petitioner's complaint dated 20.11.2020. Accordingly, this criminal original petition is allowed.

Sd/- Assistant Registrar (CO) // True Copy // / /2020 Sub Assistant Registrar(CS) gns 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, Thanjavur District.

2.The Sub Inspector of Police, Vatathi Kottai Police Station, Thanjavur.

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

+1 CC to M/s.V.S.KUMARAGURU, Advocate ( SR-24835[F] dated 10/12/2020 ) Crl.O.P.(MD)No.14022 of 2020 08.12.2020 (TP)CO AP(30/12/2020) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2