M.Mayilvaganam v. The District Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16.08.2024

CORAM

THE HON'BLE MR.JUSTICE K.MURALI SHANKAR M.Mayilvaganam : Petitioner Vs.

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

2.The Inspector of Police, Karaikudi Taluk Police Station, Sivagangai District.

3.P.Ravi ... Respondents PRAYER : Criminal Original Petition filed under Section 528 BNSS, to direct the respondents 1 and 2 to provide adequate police protection to the life and limp of the petitioner and his family members in his home from the third respondent and his henchmen.

For Petitioner : Mr.S.Bharathy Kannan For Respondents : Mr.P.Kottai Chamy, Government Advocate (Criminal Side), for R1 & R2.

1/4

ORDER

This Criminal Original Petition has been filed, invoking Section 482 Cr.P.C., seeking orders, to direct the respondents 1 and 2 to provide adequate police protection to the life and limp of the petitioner and his family members in his home from the third respondent and his henchmen.

2. The learned counsel for the petitioner would submit that the petitioner has earlier filed a petition in W.P(MD)No.12111 of 2024, seeking direction to the Municipality Surveyor, Karaikudi Special Grade Municipality, to consider the petitioner's representation dated 21.08.2023, to measure the petitioner's property and fix the four boundaries and this Court vide order, dated 10.06.2024, has allowed the petition by imposing necessary conditions.

3. The learned counsel for the petitioner would submit that in pursuance of the directions, the Municipality Surveyor has issued notice, dated 30.07.2024 to all the parties to appear on 09.08.2024 at the property in dispute, for enquiry.

2/4

4. As already pointed out by the learned Government Advocate (Criminal Side), the Surveyor has not sought for any police protection nor mark the copy of the notice to the concerned jurisdictional Police.

5. It is pertinent to note that in the order passed by this Court on 10.06.2024, the Survey Authority, if required is empowered to seek aid of the jurisdictional police and if such requisition is made, the jurisdictional Police are directed to give police protection. But in this case, as already pointed out, the Municipality Surveyor has not sought for any such protection and it is for him to decide for complying with the directions of this Court.

6. In view of the above, the Criminal Original Petition is closed. The second respondent is directed to give police protection, if sought for by the Municipality Surveyor as directed in the Writ Petition in W.P(MD)No.12111 of 2024.

16.08.2024 NCC : Yes/ No Index :Yes/No Internet : Yes/ No das 3/4

K.MURALI SHANKAR,J.

DAS To 1.The District Superintendent of Police, Sivagangai District, Sivagangai.

2.The Inspector of Police, Karaikudi Taluk Police Station, Sivagangai District.

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

Order made in Dated: 16.08.2024 4/4