P. Jeyan v. The Superintendent Of Police

Crl.O.P(MD).No.11349 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 18.06.2021

CORAM:

THE HONOURABLE MR.JUSTICE G. ILANGOVAN, J.

Crl.O.P.(MD)No.11349 of 2019 P.Jeyan ... Petitioner Vs.

1.State Rep by The Superintendent of Police, Kanyakumari District, At Nagercoil.

2.The Inspector of Police, Kulasekaram Police Station, Kanyakumari District.

3.Chithrakala Rajendran.

...Respondents

PRAYER: Criminal Original Petition is filed under Section 482 of Cr.P.C., to direct the respondents 1 & 2, to give necessary police protection to the life and limb of the petitioner, his family members and his property comprised in Survey Nos. 403/3J1, 403/3J3 in Thirparappu Village, Thiruvattar Taluk, Kanyakumari District on the basis of the petitioner's representation dated 12.04.2019. For Petitioner : Mr.P.Krishnasamy For R1 & R2 : Mr.R.M.Anbunithi Additional Public Prosecutor.

(Crl.side)

ORDER

This petition has been filed to direct the respondents 1 & 2, to give necessary police protection to the life and limb of the petitioner, his family members and his property comprised in Survey Nos. 403/3J1, 403/3J3 in Thirparappu Village, Thiruvattar Taluk, Kanyakumari District on the basis of the petitioner's representation dated 12.04.2019.

2.The case of the petitioner is that he is owning the property mentioned above, which belong to him ancestrally. Later, the petitioner's father executed a settlement deed in his favour. Subsequent to that, he is in possession and enjoyment of the said property. Though, the third respondent is the third party and he has no right over the property, he threatened the petitioner. Hence, the petitioner gave complaint to the respondents 1 & 2, on 12.04.2019, seeking police protection. As there was no action, on the side of the respondents 1 & 2, the petitioner is before this Court with this present Criminal Original Petition.

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Crl.O.P(MD).No.11349 of 2019 3.The learned Additional Public Prosecutor (Crl.side), on instructions, would submit that based on the complaint given by the petitioner, enquiry was conducted and at the time of enquiry, it was revealed that the petitioner is not having any patta for the subject property and without patta, he is claiming right over the property. Hence, he was advised to take appropriate action to get patta in his name. With that advice, the petition enquiry was closed. 4.Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor (Criminal Side) for the respondents.

5.Recording the submission made by the learned Additional Public Prosecutor, (Crl.side) that the petitioner enquiry was closed and nothing survives for further adjudication, this Criminal Original Petition is disposed of. The petitioner is at liberty to take appropriate action for obtaining patta in his name for the subject property.

Sd/- Assistant Registrar (CS-III) // True Copy // / /2021 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.

To The Superintendent of Police, Kanyakumari District, At Nagercoil.

2.The Inspector of Police, Kulasekaram Police Station, Kanyakumari District.

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

Crl.O.P.(MD)No.11349 of 2019 18.06.2021 CM(CO) RK (13.07.2021) 2P 4 C https://hcservices.ecourts.gov.in/hcservices/