Madras High CourtCRL OP(MD)/16002/2024disposed of

S.Thiraviyam v. The State Of Tamilnadu

2024-09-24Honourable Mr Justice K.Murali Shankar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.09.2024

CORAM

THE HON'BLE MR.JUSTICE K.MURALI SHANKAR S.Thiraviyam ... Petitioner Vs.

1.The Superintendent of Police, Thoothukudi District.

2.The Inspector of Police, Thattarmadam Police Station, Thoothukudi District.

3.Sudhakar ... Respondents PRAYER : Criminal Original Petition filed under Section 528 of BNSS, to direct second respondent to provide adequate police protection to the petitioner for constructing the compound wall in his property situated in S.No.646/1B1, 646/1C1 and 633 of Pitchivilai Village, Sattankulam Taluk, Thoothukudi District on the basis of the petitioner's representation, dated 20.08.2024.

For Petitioner : Mr.K.P.Narayanakumar For Respondents : Mr.P.Kottai Chamy Government Advocate (Crl. Side) for R1 & R2.

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ORDER

The Criminal Original Petition has been filed, invoking Section 528 B.N.S.S., seeking orders, to direct second respondent to provide adequate police protection to the petitioner for constructing the compound wall in his property situated in S.No.646/1B1, 646/1C1 and 633 of Pitchivilai Village, Sattankulam Taluk, Thoothukudi District on the basis of the petitioner's representation, dated 20.08.2024.

2. The learned counsel for the petitioner would submit that the petitioner has filed a suit in O.S.No.159 of 2019 claiming the relief of declaration and permanent injunction and the District Munsif Court, Sattankulam has passed the judgment and decree, dated 31.03.2021, granting the reliefs sought for.

3. Heard the learned counsel for the petitioner and the learned Government Advocate (Criminal Side) appearing for the State. 4.Considering the fact that the petitioner has already obtained decree from the competent Civil Court, the second respondent is directed 2/4

to issue notice to the petitioner as well as the third respondent and conduct enquiry and take a decision, by taking note of the judgment and decree passed by the competent civil Court, within a period of two weeks from the date of receipt of copy of this order.

5. With the above direction, the Criminal Original Petition is disposed of.

24.09.2024 NCC : Yes / No Index : Yes / No Internet : Yes / No das To 1.The Superintendent of Police, Thoothukudi District.

2.The Inspector of Police, Thattarmadam Police Station, Thoothukudi District.

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

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K.MURALI SHANKAR,J.

das Order made in Dated: 24.09.2024 4/4