Madras High CourtCRL OP(MD)/13138/2023disposed of

S.Mohamed Abubacker v. The Commissioner Of Police

2023-07-21Honourable Dr. Justice D.Nagarjun4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.07.2023

CORAM:

THE HONOURABLE DR.JUSTICE D.NAGARJUN S.Mohamed Abubacker ... Petitioner Vs.

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

2.The Inspector of Police, Melapalayam Police Station, 3.Sahul Hameed ..Respondents PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to direct the 2nd respondent to provide police protection to the petitioner to construct common wall on the petitioner's part house situated in D.No.80, Myla Kader Street, Melapalayam, Tirunelveli City based on the complaint of the petitioner dated 13.07.2023.

For Petitioner : Mr.T.Selvan 1/4

For R1 & R2 : Mr.B.Thanga Aravindh Government Advocate (Crl.side) O RDER This petition is filed seeking for a direction to the respondent No.2 police to provide adequate protection for construction of a common wall on the petitioner's house situated in D.No.80, Myla Kader Street, Melapalayam, 2.It is submitted by the learned counsel for the petitioner that the petitioner and the respondent No.3, who is the brother of the petitioner, have been residing in separate portions of the house bearing D.No.80 at Myla Kader Stree, Melapalayam, Tirunelveli District as per the settlement deed bearing Doc.No. 6773/2022.

3.It is also submitted that the persons connected with the respondent No.3 have filed a suit O.S.No.197 of 2018 on the file of the Principal Sub Court, Tirunelveli seeking declaration and injunction against the petitioner and the same was dismissed on 21.04.2022.

2/4

4.The learned Government Advocate (Crl.side) submits that the police have received the representation of the petitioner and the police will make an enquiry as per the procedure and dispose of the same shortly. 5.Considering the submissions of both sides, this Petition is disposed of by directing the respondent No.2 police to consider and dispose of the petitioner's representation dated 13.07.2023 within a period of two weeks from the date of receipt of a copy of this order.

Speaking : Yes / No 21.07.2023 NCC : Yes / No Internet : Yes / No Index : Yes / No mm To 1.The Commissioner of Police, Tirunelveli City Police, Tirunelveli.

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

3/4

DR.D.NAGARJUN. J.

mm Crl.O.P.(MD)No.13138 of 2023 21.07.2023 4/4