Madras High CourtCRL OP(MD)/19679/2021disposed of

P.Suseela Bai v. The Superintendent Of Police

2021-12-14Honourable Mr Justice G.R.Swaminathan2 pages

Crl.O.P(MD)No.19679 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 14.12.2021 CORAM :

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P(MD)No.19679 of 2021 P.Suseela Bai ... Petitioner Vs.

1.The Superintendant of Police, Kanyakumari District at Nagercoil.

2.The Deputy Superintendant of Police, Thuckalay, Kanyakumari District.

3.The Sub Inspector of Police, Pazhugal Police Station, Kanyakumari District.

4.B.Yesudhasan 5.Preman 6.Y.Baleswari 7.Y.Usha 8.Y.Suma 9.J.Sajitha ... Respondents Prayer: This Criminal Original Petition is filed under Section 482 of Cr.P.C., to direct the respondents 1 to 3 to provide appropriate police protection to the petitioner's life and limb and also to construct compound wall around the petitioner's property having extent of 30 cents in Re.Survey no.276/1 situated at Melpalai Desom, Edaicode Village, Vilavancode Taluk, Kanyakumari District on the basis of the judgment and decree in O.S.No.636 of 1983 dated 31.01.2005 and thereby petitioner's representation dated 29.04.2021. For Petitioner : Mr.M.R.Sreenivasan For Respondents : Mr.M.Sakthi Kumar, Govt. Advocate (Crl. Side) for R1 to R3.

O R D E R

The petitioner seeks according of police protection. 2.Though in O.S.No.636 of 1983 on the file of I Additional District Munsif Court, Kuzhithurai, the petitioner was shown as fourth defendant and in the said suit, some findings have been in favour of the petitioner, the fact remains that the petitioner is not having any enforceable decree in her favour. If the petitioner https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P(MD)No.19679 of 2021 has such an order, only then, the inherent powers of this Court under Section 482 of CrPC can be invoked and not otherwise. 3.Leaving open the petitioner's other rights, this criminal original petition is disposed of.

Sd/- Assistant Registrar (W) // 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 Superintendent of Police, Kanyakumari District at Nagercoil.

2.The Deputy Superintendent of Police, Thuckalay, Kanyakumari District.

3.The Sub Inspector of Police, Pazhugal Police Station, Kanyakumari District.

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

+1 CC to M/s.M.R.SREENIVASAN, Advocate (SR-38946[F] dated 15/12/2021) Crl.O.P(MD)No.19679 of 2021 14.12.2021 NSN(CO) GC(29.12.2021) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2