Dr.R Dhaya v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 20.02.2024

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI Crl.O.P.(MD)No.17581 of 2022 Dr.R.Dhaya ... Petitioner Vs.

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

2.The Inspector of Police, Muneerpallam Police Station, Tirunelveli District.

3.Mariadoss ... Respondents PRAYER:- Petition filed under Section 482 of Cr.P.C., to direct the respondents 1 & 2 to give necessary police protection to the life and limb of the petitioner and her family members on the basis of the petitioner's representation dated 22.09.2022.

For Petitioner : M/s.P.Kalaiyarasi Bharathi For R1& R2 : Mr.B.Nambiselvan Additional Public Prosecutor For R3 : Mr.K.Anand 1/5

ORDER

This petition has been filed to direct the respondents 1 & 2 to give necessary police protection to the life and limb of the petitioner and her family members on the basis of the petitioner's representation dated 22.09.2022. 2.The case of the prosecution is that the petitioner is the owner of the agricultural property comprised in S.No.158/1B in Patta No.1951 to an extent of 28.50 ares (70 cents) situated at Gopalasamudram Village, Ambasamudram Taluk, Tirunelveli District. Originally, it was belong to one Mohanam, who is none other than the grandmother of the petitioner. Due to love and affection, she executed a sale deed in favour of the petitioner vide D.No.1217 of 2012 dated 12.07.2012.

The grandmother has permitted the third respondent herein to carry out the agricultural works in the above said property as per the request made by him. Since the petitioner's grandmother residing out of her native place, she was constrained to hand over the said property to him. After returning to her native place, he refused to hand over the same to the petitiner. He filed a suit in O.S.No.32 of 2013 before the learned District Munsif cum Judicial Magistrate, Cheranmahadevi seeking bare injunction and the same was dismissed. Even then, he failed to hand over the property. Thereby, the petitioner made a representation before the respondents 1 & 2 on 22.09.2022 and the same was not considered. Hence, she filed this petition with the above said prayer.

3. The learned counsel for the petitioner would submit that this Court may issue a direction to the second respondent to consider the petitioner's representation dated 22.09.2022 within the time stipulated by this Court.

4. The learned Additional Public Prosecutor appearing for the State would submit that if the decree passed by the learned District Munsif cum Judicial Magistrate, Cheranmahadevi has not been complied with by the third respondent, this Court may direct the Law Enforcing Agency to take appropriate action on the petitioner's representation dated 22.09.2022. 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 22.09.2022 within a period of 4 weeks from the date of receipt of a copy of this order and pass appropriate orders.

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 3/5

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

2.The Inspector of Police, Muneerpallam Police Station, Tirunelveli District.

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

4/5

M.DHANDAPANI, J.

dss Crl.O.P.(MD)No.17581 of 2022 20.02.2024 5/5