Madras High CourtCRL OP(MD)/14963/2020allowed

Krishnakumari v. The Superintendent Of Police

2020-12-17Honourable Mrs Justice J. Nisha Banu2 pages

Crl.O.P.(MD)No.14963 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 17.12.2020

CORAM

THE HONOURABLE MRS.JUSTICE J.NISHA BANU Crl.O.P.(MD)No.14963 of 2020 Krishnakumari ... Petitioner Vs.

1.The Superintendent of Police, Madurai District, Madurai.

2.The Inspector of Police, Vadipatti Police Station, Madurai District.

3.Meenakshisundram ... Respondents Prayer : Criminal Original Petition filed under Section 482 Cr.P.C., to direct the second respondent to provide police protection to the petitioner life an limb and fencing her land property of survey No.199/1A3, 199/4A2 situated at Vadipatti Taluk, Thathampatti Village, Madurai District from the third respondent. For Petitioner : Mr.R.Murugappan For R1 & R2 : Mr.V.Neelakandan, Additional Public Prosecutor.

ORDER

This criminal original petition has been filed todirect the second respondent to provide police protection to the petitioner life an limb and fencing her land property of survey No.199/1A3, 199/4A2 situated at Vadipatti Taluk, Thathampatti Village, Madurai District from the third respondent.

2.The learned counsel appearing for the petitioner would submit that the petitioner is the owner of the above said land and patta also stands in her name. However, the third respondent herein in order to grab the above said land, preferred a suit in O.S.No.267 of 2015 as against the petitioner and the same was dismissed on 25.07.2016. Aggrieved over the same, the third respondent filed first appeal in A.S.No.41 of 2016 and the same was dismissed on 20.04.2018, against which, he filed second appeal before this Court in S.A.(MD)No.27 of 2019 and this Court was pleased to dismissed the https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.14963 of 2020 same. However, the third respondent interfered in the peaceful possession of the petitioner. Hence, the petitioner filed a representation before the first and second respondents on 27.11.2020 seeking police protection. Since no action has been taken, the petitioner filed the present petition.

3.The learned Additional Public Prosecutor appearing for the first and second respondents, on instructions, would submit that based on the petitioner's representation, an enquiry was initiated in C.S.R.No.626 of 2020, dated 16.12.2020 and the same is pending. He would further submit that the respondent police will take suitable action and give police protection, if necessary. 4.It is seen that the petitioner is the absolute owner of the aforesaid land and there is a civil Court's decree in her favour. Therefore, this Court directs the respondents police to give police protection as prayed for by the petitioner. Accordingly, this criminal original petition is allowed.

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, Madurai District, Madurai.

2.The Inspector of Police, Vadipatti Police Station, Madurai District.

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

Crl.O.P.(MD)No.14963 of 2020 17.12.2020 SSS(CO) TR(08.01.2021) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2