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Madras High CourtCRL OP(MD)/19270/2019closed

Majeepa Begum v. The Superintendent Of Police

2020-01-23Honourable Mr Justice A.D.Jagadish Chandira3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 23.01.2020

CORAM:

THE HONOURABLE MR. JUSTICE A.D. JAGADISH CHANDIRA Majeepa Begum ..Petitioner Vs.

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

2.The Deputy Superintendent of Police, Aranthangi, Pudukottai District.

3.The Inspector of Police, Karur Police Station, Avudayarkovil Taluk, Pudukottai District.

4.Rajendran 5.Marimuthu ... Respondents PRAYER: This Criminal Original Petition has been filed under Section 482 of Criminal Procedure Code, to direct the respondent to give adequate police protection for the life and limb of the petitioner and her family members based on her representation, dated 26.11.2019.

For Petitioner : Mr.R.Suriyanarayanan For R1 to R3 : Mr.S.Chandrasekar Additional Public Prosecutor For R4 and R5 : Mr.R.P.Ramachandran

O R D E R

This petition has been filed seeking for a direction to the respondent police to give adequate police protection for the life and limb of the petitioner and her family members, based on her representation, dated 26.11.2019.

2.The learned counsel appearing for the petitioner would submit that the petitioner is permanently residing in Aranthangi Town and that she is having properties in S.Nos.113/1, 113/10, 1/3

113/11, 113/2, 113/3, 113/7 and 113/9 sitatuated in Kalapam Village, Aavudayar Kovil Taluk, Pudukottai District by way of sale deed, dated 28.10.2009 bearing Reg.No.734 of 2009, on the file of Sub Registrar Office, Mimisal, Pudukottai District. He would further submit that the petitioner has been cultivating these lands and that she has cultivated paddy and it is ready for harvest and that the respondents 4 and 5 are preventing her from harvesting the paddies and thereby, she had sent a representation to the third respondent for giving police protection.

3.Per contra, the learned counsel appearing for the respondents 4 and 5 would submit that the civil suits are pending between the parties and that the same is yet to be decided and that the respondents 4 and 5 are in possession.

4.The learned Additional Public Prosecutor would submit that there are rival claims in respect of the properties in S.Nos.113/1, 113/10, 113/11, 113/2, 113/3, 113/7 and 113/9 sitatuated in Kalapam Village, Aavudayar Kovil Taluk, Pudukottai District. He would further submit that the matter has been referred to the Revenue Divisional Officer for proper enquiry with regard to finding out who is in possession and the respondent police are waiting for the report from the Revenue Divisional Officer.

5.In view of the same, the Criminal Original Petition is closed with a direction to the petitioner as well as the respondents 4 and 5 to approach the Revenue Divisional Officer and thereafter, the Revenue Divisional Officer shall pass the orders in accordance with law.

Sd/- Assistant Registrar (AD-II) / True Copy / / / 2020 Sub Assistant Registrar(CS-III) To 1.The Superintendent of Police, Pudukottai District, Pudukottai.

2.The Deputy Superintendent of Police, Aranthangi, Pudukottai District.

2/3

3.The Inspector of Police, Karur Police Station, Avudayarkovil Taluk, Pudukottai District.

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

+1 CC to M/s.R.P.RAMACHANDRAN, Advocate ( SR-2707 dated 23/01/2020 ) +1 CC to M/s.R.SURIYANARAYANAN, Advocate(SR-2708 dated 23/01/2020 ) 23.01.2020 sji ES/SAR 3/24.01.2020/3P/7C 3/3