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Madras High CourtCRL OP(MD)/13384/2019disposed of

Pitchaiammal v. The Superintendent Of Police

2019-09-25Honourable Mr Justice G.K. Ilanthiraiyan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.09.2019

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN 1.Pitchaiammal 2.Rajendran ... Petitioners -Vs1.The Superintendent of Police, Trichy District, 2.The Deputy Superintendent of Police, Office of the Deputy Superintendent of Police, Lalkudi, Trichy District.

3.The Inspector of Police, Samayapuram Police Station, Trichy District.

4.The Sub Inspector of Police, Kollidam Police Station, Trichy District.

5.Bhaskar 6.Ravichandran ... Respondents Prayer: Criminal Original petition filed under Section 482 of Code of Criminal Procedure, to direct the respondents to give adequate police protection to the petitioners' life, limb and enjoyment of their property and on the basis of the petitioners' representation dated 20.06.2019.

For Petitioners : Mr.M.R.Sreenivasan For Respondents : Mr.K.Suyambulinga Bharathi 1 to 4 Government Advocate(crl.side)

O R D E R

This Criminal Original Petition has been filed to direct the respondent police to give adequate police protection to the petitioners' life, limb and enjoyment of their property and on the basis of the petitioners' representation dated 20.06.2019. 2.The learned counsel appearing for the petitioners submitted 1/3

that the petitioners have filed a suit for permanent injunction as against the respondents 5 and 6 in O.S.No.511 of 2000 on the file of the learned District Munsif Court, Trichy and allowed the said petition. As against which, the respondents 5 and 6 has preferred an appeal in A.S.No.123 of 2002 on the file of the learned II Additional Sub Court, Trichy. The learned Sub Judge after careful consideration of all the evidence and the documents filed by the petitioners herein had dismissed the above appeal on 19.07.2018 and confirmed the Judgment and Decree dated 05.07.2002 passed in O.S.No.511 of 2000. Even though, the respondents 5 and 6 abused the petitioners with filthy language and they are disputing their possession and also enjoyment of the property. Therefore, the petitioners lodged a complaint against the respondents 5 and 6. Hence, the petitioner sought for police protection, by his representation, dated 20.06.2019.

3.The learned Government Advocate (Crl. Side) appearing for the respondent police would submit that now only he received the complaint lodged by the petitioner.

4.Considering the facts and circumstances of the case, without going into the merits of the case, on the complaint lodged by the petitioner, the third respondent is directed to conduct enquiry, after issuing notice to all the rival parties viz., respondents 5 and 6 and also after giving opportunity of hearing to all the parties and pass orders in accordance with law within a period of four weeks from the date of receipt of a copy of this order. 5.With the above direction, this criminal original petition is disposed of .

Sd/- Assistant Registrar (CRL.SIDE) // True Copy // Sub Assistant Registrar(CS) vsg To 1.The District Munsif, 2.The II Additional Sub Judge, 2/3

3.The Superintendent of Police, Trichy District, 4.The Deputy Superintendent of Police, Office of the Deputy Superintendent of Police, Lalkudi, Trichy District.

5.The Inspector of Police, Samayapuram Police Station, Trichy District.

6.The Sub Inspector of Police, Kollidam Police Station, Trichy District.

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

25.09.2019 KM/(22.10.2019) 3P 8C 3/3