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Madras High CourtCRL OP(MD)/17493/2022disposed of

K.Gomathi v. The Superintendent Of Police

2024-02-20Honourable Mr Justice M.Dhandapani6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 20.02.2024

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI Crl.O.P.(MD)No.17493 of 2022 K.Gomathi ... Petitioner Vs.

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

2.The Inspector of Police, Thiruppullani Police Station, Ramanathapuram District, Ramanathapuram.

3.Boominathan 4.Arumugam 5.Boominathan ... Respondents PRAYER:- Petition filed under Section 482 of Cr.P.C., to direct the respondents 1 & 2 to provide adequate police protection to the life and limb of the petitioner and her family members on the basis of the petitioner's representation dated 22.07.2022.

For Petitioner : Mr.R.Sankar Ganesh For R1& R2 : Mr.B.Nambiselvan Additional Public Prosecutor 1/6

For R3 & R4 : No Appearance For R5 : Unserved

ORDER

This petition has been filed to direct the respondents 1 & 2 to provide adequate police protection to the life and limb of the petitioner and her family members on the basis of the petitioner's representation dated 22.07.2022.

2. The case of the petitioner is that the petitioner got married with one Karthick in the year 2011. After 6 months, her husband died. Subsequently, the petitioner married one Kasimurugan in the year 2016. At the time of her first marriage, her father received a hand loan of Rs.5 lakhs from her parental uncle namely, Boominathan. For security purpose, her father executed a unregistered a sale deed in favour of the said Boominathan in respect of the property to an extent of 15 cents in S.No.190/3 situated at Sakthipuram Village, Nainarmaraikkan Panchayath, Renganathapuram District, before the Sub-Registrar Office, Ramanathapuram District by agreeing the sale consideration of Rs.3,500/- per cent and received Rs.1 lakh as advance with the condition that the sale should be completed within a period of 6 months on payment of balance amount, failing which, the said boomiknathan would loose his advance money. However, the said boomiknathan failed to register the sale 2/6

deed as agreed. subsequently, the petitioner's father executed a settlement deed in favour of the petitioner vide D.No.6468/2021 on the file of the Sub Registrar Office, Velippattinam on 13.10.2021 in respect of 26 cents in the above said survey number. Subsequently, there was a panchayat by the villagers on 26.12.2021 in front of their community people. At that time, some of the village people abused the petitioner's father and her family members in filthy language and made threat of ex-communication with dire consequences and compelled her and her family members to sign empty papers mentioning the loan amount of Rs.15 lakhs instead of Rs.5 lakhs and should executed the sale deed within a period of 6 months. Aggrieved by the atrocities of the above said persons, the petitioner lodged a complaint before the first respondent.

On that basis, enquiry was conducted by the Sub-Inspector of Police, Thirupullani Police Station, Ramanathapuram District. He instructed both parties to compromise and they also accepted to receive Rs.5 lakhs with meager interest. The Sub-Inspector of Police, Thirupullani Police Station, Ramanathapuram District, has not ready to take any action against the above said persons. Thereafter, again, the above said persons abused the petitioner's parent in filthy language and again, forced to pay Rs.15 lakhs. Hence, the petitioner made a complaint before the first respondent on 22.07.2022 and the same was not considered. Hence, the petitioner filed this petition with the above said prayer.

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3. The learned counsel appearing for the petitioner would submit that this Court may issue a direction to the second respondent to consider the petitioner's representation dated 22.07.2022 and pass appropriate orders within a time stipulated by this Court.

4.The learned Additional Public Prosecutor appearing for the State would submit that the petitioner's representation will be considered in the manner known to law.

5.Considering the limited request made by the learned counsel for the petitioner, the second respondent is directed to consider the petitioner's representation dated 22.07.2022 and pass appropriate orders after providing opportunity to the petitioner as well as the private respondents and aggrieved persons if any within a period of 4 weeks from the date of receipt of a copy of this order if it is not already considered.

6. With the above direction, this Criminal Original Petition is disposed of. 20.02.2024 Index : Yes/No Internet : Yes/No NCC : Yes/No dss 4/6

To 1.The Superintendent of Police, Ramanathapuram District, Ramanathapuram.

2.The Inspector of Police, Thiruppullani Police Station, Ramanathapuram District, Ramanathapuram.

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

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M.DHANDAPANI, J.

dss Crl.O.P.(MD)No.17493 of 2022 20.02.2024 6/6