Madras High CourtCRL OP(MD)/15994/2019disposed of

Mahalingam v. The Superintendent Of Police

2019-11-26Honourable Mr Justice G.K. Ilanthiraiyan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26.11.2019

CORAM:

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.(MD).No.15994 of 2019 Mahalingam ...

Petitioner Vs.

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

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

3. Ganapathay Sundaram

4. Sundaralingam ... Respondents PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C., to direct the respondents-1 & 2 to consider the petitioner's representation dated 16.10.2019 and to give adequate police protection to the petitioner's life and limp. For Petitioner : Mr.A.D. Ganeshamoorthi For R-1 & R2 : Mr.K.Suyambulinga Bharathi Government Advocate (Crl. Side) For R-3 : Mr.B.Brijesh Kishore

ORDER

The Criminal Original Petition has been filed to direct the respondents-1 & 2 to consider the petitioner's representation dated 16.10.2019 and to give adequate police protection to the petitioner's life and limp.

2. The learned counsel appearing for the petitioner submitted that based on a complaint lodged by the petitioner, dated 16.10.2019 the petitioner sought for police protection at the hands of the respondents-3 & 4. Infact, the third respondent has also filed a suit in O.S. No. 179 of 2005 before the learned District Munsif Cum Judicial Magistrate, Valliyoor, Tirunelveli District, in which a compromise decree was passed and declared that the petitioner is a owner of the property, even then the respondents-3 & 4 trespassed into the temple and damaged the temple.

3. Heard the learned Government Advocate (Crl. Side) appearing for the respondent police.

https://hcservices.ecourts.gov.in/hcservices/ 1/2

4. In view of the aforesaid submissions, the petitioner's complaint, dated 16.10.2019 was forwarded by the second respondent to the Tahsildar, Radhapuram for conducting enquiry. Though, the Tahsildar, Radhapuram has issued summons to the petitioner to attend enquiry, the petitioner did not appear. At this stage, police protection cannot be granted. However, the petitioner is directed to appear in the proceedings pending before the Tahsildar, Radhapuram for enquiry. The Tahsildar, Radhapuram is directed to conduct enquiry and pass orders based on a complaint lodged by the petitioner, within a period of Four Weeks, from the date of receipt of a copy of the order, after giving opportunities to all the concerned parties.

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

Sd/- Assistant Registrar(CS-I) // True Copy // Sub Assistant Registrar(CS) ksa To

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

2. The Tahsildar, Radhapuram.

3. The Inspector of Police, Panagudi Police Station, Tirunelveli District.

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

+1CC TO MR.A.D.GANESHA MOORTHI, Advocate Sr. No. 101686 Crl.O.P.(MD).No.15994 of 2019 26.11.2019 DB(CO) TR(13.12.2019)2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2