Perumal v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.12.2020

CORAM

THE HONOURABLE MRS.JUSTICE J.NISHA BANU 1.Perumal ... Petitioner in Crl.O.P.(MD)No.14200 of 2020 2.Annadurai ... Petitioner in Crl.O.P.(MD)No.14274 of 2020 Vs.

1.The Superintendent of Police, 2.The Inspector of Police, Vadamadurai Police Station, 3.Kanthan ... Respondents in both Crl.O.Ps. Common Prayer: Criminal Original Petition filed under Section 482 Cr.P.C., to direct the second respondent to give adequate police protection for the petitioners and the petitioner's land for fencing, bearing patta No.4959 in survey No.843/1 measuring to the extent of hector 0.27.0 situated at Sukkampatti village, Vadamadurai subdivision, Vedasandhur Taluk, Dindigul District based on the petitioners' representation dated 24.11.2020. For Petitioners : Mr.P.Manikandan (In both Crl.O.Ps.) For Respondents : Mr.V.Neelakandan, (In both Crl.O.Ps.) Additional Public Prosecutor.

COMMON ORDER These criminal original petitions have been filed to direct the second respondent to give adequate police protection for the petitioners and the petitioner's land for fencing, bearing patta No.4959 in survey No.843/1 measuring to the extent of hector 0.27.0 situated at Sukkampatti village, Vadamadurai subdivision, Vedasandhur Taluk, Dindigul District based on the petitioners' representation dated 24.11.2020.

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2.The learned counsel appearing for the petitioners would submit that the petitioners and the third respondent are brothers and there is a civil dispute between them, due to the same, the third respondent disturbing the petitioners' possession and enjoyment. Hence, the petitioners filed the present petitions seeking the aforesaid relief.

3.The learned Additional Public Prosecutor appearing on behalf of the first and second respondents, on instructions, would submit that no complaint was received from the petitioners and if any complaint is received, the respondent police will take necessary steps.

4.Considering the facts and circumstances of the case, this Court without going into the merits of the case, directs the petitioners to file a fresh representation before the respondent police, within a period of one week from the date of receipt of a copy of this order. On such receipt of the representation, the first and second respondents shall consider the same and pass orders after giving opportunity to the third respondent by following the principles laid down by the Hon'ble Apex Court in D.K.Basu Vs. State of West Bengal reported in AIR (1997) SC 610 and if it is found that police protection is necessary, the same may be given to the petitioners. The said exercise shall be completed within a period of four weeks from the date of filing representation. 5.With the above directions, these criminal original petitions are disposed of.

Sd/- Assistant Registrar (CO) // True Copy // / /2021 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, 2/3

2.The Inspector of Police, Vadamadurai Police Station, 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+2cc to Mr.P.Manikandan, Advocate Sr.No.24829, 24828 Crl.O.P.(MD)Nos.14200 & 14274 of 2020 09.12.2020 SSS (CO) NR (07/01/2020) 3P : 6C 3/3