Kalyana Sundaram v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.02.2024

CORAM

THE HON'BLE MR.JUSTICE SATHI KUMAR SUKUMARA KURUP CRL.O.P (MD) No.2389 of 2024 Kalyana Sundaram

...Petitioner

vs 1.The Superintendent of Police, Ramanathapuram.

2.The Deputy Superintendent of Police, 3.The Inspector of Police, Thiruvadanai Police Station, Thiruvadanai, Ramanathapuram.

4.Naganathan

...Respondents

PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying, to direct the 1 to 3 Respondents to give suitable police protection to the Petitioner's life and limb with regard to enjoyment and cultivation of Petitioner's land in SF.No.2/2 situated in Melakaikudi Village, Kudaloor Group, RS.Mangalam Taluk, Ramanathapuram District based on the decree 1/5

in O.S.No.67 of 2015 on the file of the learned District Munsif, For Petitioner : Mr.J.Madhu For R1 to R3 : Mr.M.Veeranthiran Government Advocate (Crl.side)

O R D E R

The learned Counsel for the Petitioner submits that the Petitioner is the decree holder in O.S.No.67 of 2015 on the file of the learned District Munsif, Thiruvadanai. After due trial, the Petitioner herein as plaintiff was granted the decree of declaration of title and injunction. The fourth Respondent was the Defendant in the suit. After passing the decree in favour of the Petitioner herein as plaintiff, the Respondent, who had lost the case before the learned District Munsif, Thiruvadanai, in O.S.No.67 of 2015, violating the decree interfered with the peaceful possession and enjoyment of the property in S.No.2/2B with specific boundaries. The Petitioner had sought police protection from the Respondents 1 to 3. The Respondents 1 to 3 had directed the Petitioner to obtain fresh orders from the civil Court.

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2.To the query of this Court as to whether any appeal filed by the fourth Respondent is pending, the learned Counsel for the Petitioner submits that no appeal is filed till date.

3.Accordingly, the Petitioner is directed to approach the very same Court for contempt of decree by the fourth Respondent, who is the Defendant/judgment debtor in the Court of the learned District Munsif, Thiruvadanai by filing Execution Petition to enforce the decree. The Respondents 1 to 3 are directed to protect the decree of the competent civil Court. The Petitioner is also directed to approach the very same Civil Court to file appropriate petition to enforce the decree. With the above directions, this Criminal Original Petition is disposed of.

Internet:Yes./No 19.02.2024 Index:Yes/No mm 3/5

To 1.The Superintendent of Police, Ramanathapuram.

2.The Deputy Superintendent of Police, 3.The Inspector of Police, Thiruvadanai Police Station, Thiruvadanai, Ramanathapuram.

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

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SATHI KUMAR SUKUMARA KURUP , J.

mm CRL.O.P (MD) No.2389 of 2024 19.02.2024 5/5