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Madras High CourtCRL OP(MD)/14791/2021dismissed

U. Thippusultan v. The Commissioner Of Police

2022-04-25Honourable Mr Justice G.K. Ilanthiraiyan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.04.2022

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN U. Thippusultan

...Petitioner

Vs.

1. The Commissioner of Police, Madurai City, Madurai.

2. The Inspector of Police B1 Police Station, Vilakkuthun, Madurai City.

3. The Assistant Commissioner, Zone-4, Madurai Corporation, Madurai.

4. The Assistant Engineer, Zone -4, Madurai Corporation, Madurai.

5. Balakrishnan

6. Muthupandi

7. Ravi

...Respondents

( *R5 to R7 suo motu impleaded vide Order dated 01/10/2021) PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. praying this Court to direct the first and second respondent police to give adequate police protection to the petitioner for demolish the dilapidated condition building which is situated at Door No.17, 4th street, Thaikkal, Simmakkal, Madurai-625001. For Petitioner : M/s. A.D. Ganeshamoorthi For R1 to R4 : Mr.R.M.Anbunithi Additional Public Prosecutor For R5 to R7 : Mr. A. Arputha Raj

ORDER

This petition has been filed seeking direction to the first and second respondent police to give adequate police protection to the petitioner for demolishing the building which is in dilapidated condition, situated at Door No.17, 4th street, Thaikkal, Simmakkal, Madurai-625001.

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2.The learned Additional Public Prosecutor submitted that on receipt of the petitioner's representation, the second respondent had conducted an enquiry and closed the same on 16.04.2021. 3.However, on perusal of the complaint revealed that the petitioner is the owner of the property bearing T.S.No.15/74, R.S.No.173, Plot No.94, Door No.17, situated at Ward No.82, Thaikal 4th Street, Simakkal, Madurai. It is under dilapidated condition and as such, the Corporation directed the petitioner to demolish the entire building. The respondents 5 to 7 are being the tenants under the petitioner, they are obstructing the demolition and as such, the petitioner sought for police protection to demolish the building. Hence, the petitioner gave a representation and now, the same was closed.

4.Considering the above facts and circumstances, the criminal original petition is dismissed. However, the petitioner is at liberty to lodge a fresh complaint on production of the notice issued by the Madurai Corporation and on receipt of the same, the second respondent is directed to issue notice to the respondents 5 to 7, conduct a detailed enquiry and pass appropriate orders to provide adequate police protection to execute the notice issued by the Madurai Corporation.

Sd/- Assistant Registrar (AD-I) // True Copy // / /2022 Sub Assistant Registrar(CS) lr 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 Commissioner of Police, Madurai City, Madurai.

2. The Inspector of Police B1 Police Station, Vilakkuthun, Madurai City.

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3. The Assistant Commissioner, Zone-4, Madurai Corporation, Madurai.

4. The Assistant Engineer, Zone -4, Madurai Corporation, Madurai.

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

+1 CC to M/s.A.D. GANESHA MOORTHI, Advocate ( SR-21083[F] dated 26/04/2022 ) 25.04.2022 SG(CO) GC(23.05.2022) 3P 7C 3/3