Madras High CourtCRL OP(MD)/19099/2021disposed of

K.Veeran v. The Cimmissioner Of Police

2021-12-03Honourable Mr Justice G.R.Swaminathan2 pages

Crl.O.P(MD)No.19099 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.12.2021 CORAM :

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P(MD)No.19099 of 2021 K.Veeran ... Petitioner Vs.

1.The Commissioner of Police, Trichy City, Trichy District.

2.The Inspector of Police, Palakkarai Police Station, Trichy District.

3.S.Elangovan ... Respondents Prayer: This Criminal Original Petition is filed under Section 482 of Cr.P.C., to direct the 1st and 2nd respondents to give adequate police protection against the 3rd respondent and his rowdy elements by considering the representation dated 09.10.2021 in the light of the order of the Revenue Divisional Officer by his proceedings No.Na.Ka.A1-8423-2007, dated 22.09.2009 in accordance with law. For Petitioner : Mr.N.V.Nagenthran For Respondents : Mr.M.Sakthi Kumar, Govt. Advocate (Crl. Side) for R1 & R2.

O R D E R

Heard the learned counsel appearing for the petitioner and the learned Government Advocate (Crl. Side) appearing for the respondents 1 and 2. Considering the nature of relief to be granted, issuance of notice to the third respondent is dispensed with.

2.The petitioner states that he is the president of Arulmigu Sri Maduraiveeran, Sri Marriamman Kovil Public Trust, which is managing the petition mentioned temple. According to him, the third respondent was a former officer bearer of the trust but he was expelled for certain reasons. The third respondent is interfering with the temple works that are presently going on. Though the petitioner gave a representation dated 09.10.2021 to the second respondent, there is no positive response and that has impelled the institution of the instant criminal original petition. 3.Though the submission of the learned counsel for the petitioner are persuasive, it has been brought to my notice by the https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P(MD)No.19099 of 2021 petitioner himself that the third respondent has filed O.S.No.192 of 2021 on the file of the Principal District Munsif Court, Trichy. The third respondent sought the relief of a temporary injunction but the same was not granted.

4.I permit the petitioner to file an interlocutory application in the very same suit seeking a relief against the third respondent. It is well settled that in a suit filed by the plaintiff, the defendant also can seek the relief of injunction. The trial Court shall number the said interlocutory application and give disposal on merits and in accordance with law within a period of four weeks thereafter. If the learned trial Munsif grants the relief of injunction in favour of the petitioner, then, the second respondent would be obliged to aid in its enforcement.

5.With this liberty to the petitioner and direction to the Court below, this criminal original petition is disposed of. Sd/- Assistant Registrar (CS-III) // True Copy // / /2021 Sub Assistant Registrar(CS) ias 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 Principal District Munsif Court, Trichy.

2.The Commissioner of Police, Trichy City, Trichy District.

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

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

+1 CC to M/s.V.NAGENTHRAN, Advocate ( SR-37355[F] dated 06/12/2021 ) Crl.O.P(MD)No.19099 of 2021 03.12.2021 NSN(CO) GC(08.12.2021) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2