M.Paneerselvan v. The Superintendent Of Police

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.16482 of 2019 M. Paneerselvam ...

Petitioner Vs.

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

2. The Inspector of Police, Paramakudi Town Police Station, Paramakudi, Ramanathapuram District.

3. Selvarani @ Shayaselvarani ... Respondents PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C., to direct the second respondent to give a police protection for the petitioner's life and limb and also his properties in patta No. 5739 in old survey No.80/1A subsequently sub divided as survey No. 80/1A2B measuring 1 acre 41 cents situated at Venthoni Village, Paramakudi Taluk, Ramanathapuram District on the basis complaint, dated 27.09.2019.

For Petitioner : Mr.M. Subash Babu For R-1 & R2 : Mr.K.Suyambulinga Bharathi Government Advocate (Crl. Side) For R-3 : Mr.D. Senthil

ORDER

The Criminal Original Petition has been filed to direct the second respondent to give a police protection for the petitioner's life and limb and also his properties in patta No. 5739 in old survey No.80/1A subsequently sub divided as survey No. 80/1A2B measuring 1 acre 41 cents situated at Venthoni Village, Paramakudi Taluk, Ramanathapuram District on the basis complaint, dated 27.09.2019.

2. The learned counsel appearing for the petitioner submitted that he has filed petition seeking police protection based on a complaint, dated 27.09.2019. There is a dispute between the petitioner as well as the third respondent in respect of property comprised in survey No.80/1A subsequently, sub divided as survey No. 80/1A2B measuring 1 acre 41 cents situated at Venthoni Village, Paramakudi Taluk, Ramanathapuram District. In this regard, already the third respondent filed a suit for injunction as against the petitioner in O.S. No. 89 of 2014 and the same was dismissed as https://hcservices.ecourts.gov.in/hcservices/

against the same, the third respondent also filed an appeal in A.S. No. 39 of 2017 which was dismissed by the Judgment and Decree, dated 09.09.2019. In the meanwhile, the petitioner has lodged a complaint seeking police protection. He further submitted that the third respondent filed a suit in O.S. No. 53 of 2019 before the learned District Munsif-Cum-Judicial Magistrate, Paramakudi and the same is pending. Infact, the petitioner appeared before the learned District Munsif-Cum-Judicial Magistrate, Paramakudi and suppressed that, now filed a petition seeking for police protection.

3. Considering the facts and circumstances, the second respondent is directed to conduct enquiry based on a complaint lodged by the petitioner on a strength of the pendency of the suit, after issuing notice on either side and pass an order, within a period of Four weeks from the date of receipt of a copy of the order.

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

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

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

2. The Inspector of Police, Paramakudi Town Police Station, Paramakudi, Ramanathapuram District.

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

+1 CC to M/s.D. SENTHIL, Advocate ( SR-101797[F] dated 27/11/2019 ) +1 CC to M/s.M. SUBASH BABU, Advocate ( SR-101831[F] Crl.O.P.(MD).No.16482 of 2019 26.11.2019 SMA/06/01/2020/2P/6C https://hcservices.ecourts.gov.in/hcservices/